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• 1. [Image] Endangered species: difficult choices

  	IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years ...
  	Citation × Citation Citation Abstract Copy Title: Endangered species: difficult choices Author: Buck, Eugene H; Corn, M. Lynne (Mary Lynne), 1946-; Baldwin, Pamela Year: 2004, 2008, 2005 IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as "endangered" or "threatened" according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of resource scarcity: the most common cause of listing species is habitat loss. Recent efforts in the House would modify ESA provisions that designate critical habitat, and that provide for scientific peer review. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to imple- ment the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills (H.R. 1662 and H.R. 2933) have been reported that would, respectively, address issues concerning scientific peer review and critical habitat. These bills may be brought to the House floor in September. Earlier, P.L. 108-108 (Interior appropriations) provided $265 million for FY2004 for programs related to endangered species. P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor. The act also established an executive committee to oversee the Collaborative Program associated with this situation. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species. Title: Endangered species: difficult choices Author: Buck, Eugene H; Corn, M. Lynne (Mary Lynne), 1946-; Baldwin, Pamela Year: 2004, 2008, 2005 IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as "endangered" or "threatened" according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of resource scarcity: the most common cause of listing species is habitat loss. Recent efforts in the House would modify ESA provisions that designate critical habitat, and that provide for scientific peer review. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to imple- ment the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills (H.R. 1662 and H.R. 2933) have been reported that would, respectively, address issues concerning scientific peer review and critical habitat. These bills may be brought to the House floor in September. Earlier, P.L. 108-108 (Interior appropriations) provided $265 million for FY2004 for programs related to endangered species. P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor. The act also established an executive committee to oversee the Collaborative Program associated with this situation. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species. Close

• 2. [Image] The Oregon plan for salmon and watersheds

  	KCAMATH FALLS. QREEON THE OREGON PLAN FOR SALMON AND WATERSHEDS The purpose of the Oregon Plan for Salmon and Watersheds ( the " Oregon Plan") as stated in the Plan and reaffirmed in this Executive Order ...
  	Citation × Citation Citation Abstract Copy Title: The Oregon plan for salmon and watersheds Author: Oregon. Office of the Governor Year: 1999, 2005, 2004 KCAMATH FALLS. QREEON THE OREGON PLAN FOR SALMON AND WATERSHEDS The purpose of the Oregon Plan for Salmon and Watersheds ( the " Oregon Plan") as stated in the Plan and reaffirmed in this Executive Order is to restore Oregon's wild salmon and trout populations and fisheries to sustainable and productive levels that will provide substantial environmental, cultural, and economic benefits and to improve water quality. The Oregon Plan is a long- term, ongoing effort that began as a focused set of actions by state, local, tribal and private organizations and individuals in October of 1995. The Oregon Plan first addressed coho salmon on the Oregon Coast, was then broadened to include steelhead trout on the coast and in the Lower Columbia River, and is now expanding to all at- risk wild salmonids throughout the state. The Oregon Plan addresses all factors for decline of these species, including watershed conditions arid fisheries, to the extent those factors can be affected by the state. The Oregon Plan was endorsed and funded by the Oregon Legislature in 1997 through Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7) and House Bill 3700 ( 1 997 Or. Laws, ch.' 8). The Oregon Plan is described in two principal documents: " The Oregon Plan," dated March 1997, and " The Oregon Plan for Salmon and Watersheds, Supplement I - steelhbad," dated January 1998. As used in this Executive Order, + the Oregon Plan also incorporates the Healthy Streams Partnership ( Oregon Senate Bill 101 0, 1 993- Or. Laws, ch. 263). The Oregon Plan is a cooperative effort of state, local, federal, tribal and private organizations and individuals. Although the Oregon Plan contains a strong foundation of protective regulations -- continuing existing regulatory programs and speeding the implementation of others - an essential principle of the Plan is the need to move beyond prohibitions and to encourage efforts to improve conditions for salmon through non- regulatory means. Many of the most significant contributions to the Oregon Plan are private and quasi- governmental efforts to protect and . restore salmon on working landscapes, including efforts by watershed councils. Salmon and trout restoration requires action and sacrifice across the entire economic and geographic spectrum of Oregon. The commercial and sport fishing industries in Oregon have been heavily affected by complete or partial closures of fisheries. The forest industry operates under the Oregon Forest Practices Act, and has contributed substantially to salmon recovery through habitat restoration projects on private lands and by funding a large pan of the state recovery efforts. The agriculture and mining industries are also taking actions that will protect and restore salmon and trout habitat and improve water quality ( including financial support of restoration efforts by the mining industry). Urban areas are developing water conservation programs, spending funds for wastewater treatment improvements to reduce point source pollution, reducing non- point source pollution and reducing activities that degrade riparian areas. All citizens of Oregon share responsibility for declining populations of wild salmon and trout, and it is important that there be both a broad commitment to reversing these historic trends and a sense that the burdens of restoration are being shared by all of society. It is also important that there be independent scientific oversight of the Oregon Plan. This oversight is being provided by the Independent Mutidisciplinary Science Team ( IMST), established under Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7). ~ d'ditional legislative oversight for the Oregon Plan is being provided by the Joint Legislative Committee on . Salmon and Stream Enhancement ( the " Joint Committee!'). Under the federal Endangered Species Act ( ESA) the U. S. Fish & Wildlife Service . . ( F& WS) and the National Marine Fisheries Service ( NMFS) are responsible for identifying species that are threatened or endangered, and for developing programs to conserve and recover lhose species. F& WS and NMFS have now listed salmonids under the ESA on the entire Oregon Coast, the lower Columbia River ( including most of the Portland metropolitan area). the la math River basin, and in the upper Columbia and Snake River basins. More listings are expected within the next year. To date, the F& WS and NMFS generally have not had the resources to develop and implement effective recovery plans for fisheries. In addition, in many areas a large proportion of the habitat that list'ed'salmonids depend on is located on private lands, where the regulatory tools under the ESA are relatively ' ill- defined and indirect. Finally, federal agencies alone, even if they take an active regulatory approach. to recovery, will not restore listed salmonids. The federal ESA may work to prohibit certain actions, but there is simply too much habitat on private lands for restoration to succeed without pro- active involvement and incentives for individuals, groups, and local governments to take affirmative actions to restore habitat on working landscapes. In April, 1997 the State of Oregon and NMFS entered into a Memorandum of Agreement ( MOA) under which the State agreed to continue existing measures under the March 1997 Oregon Plan and to take certain additional actions to protect and restbre coho salmon on the Oregon Coast. On May 6, 1997, NMFS determined that the Oregon Coast Evolutionarily Significant Unit ( ESU) of coho salmon did not warrant listing as a threatened or endangered species under the ESA. On June 2, 1998, the US. District Court for Oregon ordered NMFS to reconsider its decision without taking into account any parts of the Oregon Plan or MOA that are not " current enforceable measures." The U. S. District Court for Oregon also held that the MOA was speculative, due to the fact that it provided for termination by either party on thirty days notice, and that therefore the MOA could not be considered by NMFS ' in its listing decision. Under court order, NMFS reconsidered its decision without taking into account the application in the future of the harvest and hatchery measures contained in the Oregon Plan, or the habitat improvement programs being undertaken under the Oregon Plan, or the commitments made by the State of Oregon in the MOA for improvement of applicable habitat measures. Accordingly, NMFS listed Oregon Coast .. . coho as threatened undefthe ESA on or about October 2, 1998. - The MOA provided for the State of Oregon to take actions necessary to ensfie that - Oregon Coast coho did not warrant listing as a threatened or endangered species under the federal ESA. Now that Oregon Coast coho are listed as a threatened species as a- result of the U. S. District Court's order, the central purpose of the MOA has been eliminated. Due to the uncertainties created by the District Court's decision and the increasing extent of salmonids listed or proposed for listing under the federal ESA, it is important that the status of the State of Oregon's substantive commitments under the MOA and the purpose of the Oregon Plan be clarified. Through this Executive Order, the State of Oregon reaffirms its intent to play the leading role in protecting and restoring Oregon Coast coho and other salmonids. through the implementation of the Oregon Plan. This Executive Order provides the framework and direction for state agencies to implement ( to the extent of their authorities) the Oregon Plan in a timely and effective manner. This Executive Order also provides a framework for extending the state's efforts beyond a focus on Oregon Coast coho, to watersheds and fisheries statewide. Consistent with the principle of adaptive management, this Order applies the experience gained to date in implementing the Oregon Plan to provide additional detailed direction to state agencies. Finally, this Executive Order establishes a public involvement process to prioritize continuing efforts under the Oregon Plan. NOW THEREFORE, IT IS HEREBY ORDERED AND DIRECTED: ( 1) Overall Direction ( a) Agencies of the State of Oregon will, consistent with their authorities, fully implement the state agency efforts described in the Oregon Plan and in this Executive Order. ( b) The overall objective for state agencies under the Oregon Plan and this Executive Order is to protect and restore salmonids and to improve water quality. ( c) The Governor will, in cooperation with the Joint Committee, IMST, affected state agencies, watershed councils, and other affected local entities and persons develop and implement, a process to set biological and habitat goals and objectives to protect and restore salmonids on a basin or regional basis as soon as practicable. Once these goals and objectives are established, they will be used by state agencies . . . to evaluate their regulatory and non- regulatory programs and measures relating to the protection and re'storation of salmonids. Through this on- going evaluation, state agencies will determine any changes to their programs or measures that may be necessary to meet the biological and habitat goals and objectives. In the interim, the following objectives in subsections ( d) and ( e) shall apply to agencies' implem'entation of the OregGn Plan and this Executive Order. . . ( d) Actions that state agencies take, fund and/ or authorize that are primarily for a purpose other than restoration of salmonids or the habitat they depend upon will, considering the anticipated duration and geographic scope of the actions: ( A) to the maximum extent practicable minimize and mitigate adverse effects of the actions on salmoni. ds or the habitat they depend on; and ( 8) not appreciably reduce the likelihood of the survival and recovery of salmonids in the wild. ( e) State agencies will take, fund and/ or authorize actions that are primarily for the purpose of restoring salmonids or the habitat they depend upon, including actions implementing the Oregon Plan, with the goal of producing a conservation benefit that ( if taken together with comparable and related actions by all persons and entities within the range of the species) is likely to result in sustainable population levels of salmonids in the foreseeable future, and in population levels of salmonids that provide substantial environmental, cultural and economic benefits to Oregonians in the long term. ( f) With the broadening of the Oregon Plan,' prioritizing all agency actions according to coho core areas is no longer appropriate. Each state agency participating in the Oregon Plan, in consultation with ODFW and other partners involved in the implementation of the Plan and through a public involvement process, will modify their existing work programs in the Oregon Plan to prioritize agency measures to protect and restore salmonids in a timely and effective manner. The work programs will continue to identify key specific outcomes, refine and improve designations of priority areas, and establish completion dates. These modifications will be submitted to the , Governor, the Joint Committee, and to the appropriate boards and commissions as soon as possible, but in no event later than June 1, 1999. Progress reports on action plans will be submitted to the Governor, the Joint Committee, and to the appropriate boards and commissions on an annual basis. In prioritizing their efforts,' state agencies shall consider how to maximize conservation -, benefits for salmonids and the habitat they depend on within limited resources and - . whether their- actions are likely to increase populations of salmonids in the foreseeable future. I p ( g) State agencies will work cooperatively with landowners, local entities and other persons taking actions to protect or restore salmonids. ( h) As the Oregon Plan grows in geographic scope and . in intensity of activity,' there is a growing need to streamline and prioritize state agency activity at the . regional level. One proposal has been to organize state natural resource agency field operations along hydrologic units. Therefore, state agencies will consider this proposal and, through the collective efforts of state agency directors, develop an organization plan that focuses state agency field effort on the activities and areas of highest priority under the Oregon Plan. ( i) State. agencies will continue to encourage and work with agencies of the U. S. government to implement the federal measures described in the Oregon Plan.. In addition, the state agencies will work with the federal government to develop additional means of protecting and restoring salmonids. Where appropriate, state agencies will request that federal agencies obtain incidental take permits under Section 7 of the federal ESA for state actions that ace funded or authorized by a , federal agency. ( j) State agencies will help support efforts to evaluate watershed conditions, and to develop'specific strategic plans to provide for flood management, water quality improvement, and salmonid restoration in basins around the state, including the Willamette basin through the Willamette Restoration Initiative. ( k) The IMST will continue to provide oversight to ensure the use of the best scientific information available as the basis for implementation of and for adaptive changes to the Oregon Plan. State agencies will ensure that the IMST receives data and other information reasonably required for its functions in a timely manner. The Governor's Natural Resources Office ( GNRO) has requested that the IMST's initial priority be review of the freshwater habitat needs of coho and the relationship between population levels, escapement levels, and habitat characteristics. The GNRO also will continue to request that the IMST annually review monitoring results and identify where the Oregon Plan warrants change for scientific or technical reasons and make recommend& ions to the appropriate agency on those adjustments that appear necessary. Agencies will report their responses to any recommendations by . . the IMST to the Governor and to the Joint Committee. Any other changes identified by the IMST as necessary to achieve properly functioning riparian and aquatic habitat conditions required to, protect and restore salmonids will be forwarded to the appropriate governmental entity for its consideration of the adoption of new, changed, or supplemental measures as rapidly as possible while providing for public involvement: Each state agency, by June 1, 1999, will ratify a monitoring team charter through an interagency memorandum. A draft of the charter is contained in the 1998 Oregon Plan Annual Report. ( I) Monitoring is a key element of the Oregon Plan. Each state agency will actively support the monitoring strategy described in the Oregon Plan. Each affected agency will participate on the monitoring team to coordinate activities and integrate analyses. Each agency will implement . an appropriate monitoring program to assess the effectiveness of their programs and measures in meeting the objectives set forth in the Oregon Planon an annual basis. In addition, agencies with regulatory programs that are included in the Oregon Plan will determine levels of compliance with regulatory standards and identify and act on opportunities to improve compliance levels: ( m) If information gathered regarding the effectiveness of measures in the Oregon Plan shows that existing strategies within state control are not achie, ving expected improvements and objectives, the agency( ies1 responsible for those measures will seek appropriate changes in their regulations, policies, programs, r-measures and other areas of the Oregon Plan, as required to protect and restore coho and other sal'monids. Such modification or supplementation will be done as rapidly as possible, consistent with public involvement. ( n) Agencies are using geographically- referenced data in their efforts under the Oregon Plan, and will be using Geographic Information Systems ( GIs) in the analysis of these , data. In doing so, the State GIs Plan, developed by the Oregon Geographic lnformation Council ( OGIC) ( see Executive Order 96- 40) will be followed, with specific adherence to the Plan guidance on data documentation, coordination and data sharing. The agency with primary responsibility for gathering and updating the specific data will be responsible for meeting the requirements of the Plan, and to ensure coordination- with OGIC, the State Service Center for GIs and other' cooperating agencies. In addition, state agencies will cooperate with the Governor's Watershed Enhancement Board ( GWEB), Soil and. Water Conservation Districts ( SWCDs), local waters$ ed councils, landowners and others in making these essential data available. ( 0) Geographically- based strategies to assess and achieve habitat needs and adequate escapement levels will be used, and the state agencies will continue with the development of standardized watershed assessment protocols, including a -- cumulative effects assessment. State agencies will also continue with the development of habitat restoration guides to evaluate and direct habitat restoration efforts. ( 2) Continuation and Expansion of Existing Efforts. Without limiting the generality of section ( l)( a) of this Executive Order, the following subsections of this Executive Order describe some of the many efforts in the Oregon Plan where the initial phase of work has been completed, and where efforts will be continued. ( a) The Oregon Fish & Wildlife Commission ( OFWC), the Oregon Department of Fish & Wildlife ( ODFW), and the Pacific Fishery Management Council ( PFMC) are managing ocean and terminal fisheries according to the measures set forth in the Oregon Plan ( ODFW I- A. l and Ill- A. l). These measures set a maximum mortality rate ( resulting from other fisheries) for any of four disaggregated stocks of coho of fifteen percent ( 1 5%) under poor ocean conditions. In 1997, the mortality rate. from harvest is estimated to have been between nine and eleven percent ( 9- 1 1 %). ODFW and OFWC will continue these measures in state waters, and will actively support continued implementation of the ocean harvest measures by the PFMC ( Amendment 13 to the Council's salmon management plan) until and unless a different management regime agreeable to NMFS is adopted. ( b) The OFWC and ODFW will ensure that the fish hatchery measures set forth in the Oregon Plan are continued by the OFWC and ODFW. ODFW is marking all hatchery coho on the Oregon Coast. This marking will allow increased certainty in estimating hatchery stray rates beginning in 1999. Available data on hatchery stray rates for coho and steelhead are being provided to NMFS on an annual basis. The number of hatchery coho released is estimated to have been 1.7 million in 1998 - substantially below the level called for in the Oregon Plan. This number will be reduced to 1.2 million in 1999. In addition, ODFW has, and will continue to provide. annual reports regarding: ( i) the number of juvenile hatchery coho that are released by brood year, locations and dates of release, life stage, and broodstock origin; ( ii) the number of adult coho taken for broodstock for each hatchery, the location and date of collection, and the origin ( hatchery or natural); ( iii) the number of hatchery coho . . estimated to have spawned in natural habitat by basin; ( iv) the estimated percentage of hatchery coho% the total natural spawning population; and ( v) the mortality of naturally- spawning coho resulting from each fishery. NMFS may provide comments about hatchery prograk affecting coho to ODFW, with any concerns to be resolved between NMFS and ODFW. - - ( c) ln addition to recent modifications to hatchery practices and programs, a new vision is needed for how Oregon will utilize hatcheries in the best and most effective manner. Therefore, the ODFW and the OFWC shall engage in a process to create a strategic plan for fish hatcheries in Oregon over the next decade ( including state and federally- funded hatcheries, private hatcheries, and the STEP program). The essential elements of this process are as follows: ( i) Impartial analysis - conduct an impartial analysis of the scientific bases, and the social and economic effects of Oregon hatchery programs utilizing existing analyses and review where feasible, but conducting new analyses if necessary; ( ii) Review the Wild Fish Management Policy ( WFMP) - because the future plan for hatcheries in Oregon is dependent on implementation of the WFMP, ODFW shall conduct a science and stakeholder review to determine if this significant policy should be revised and shall make any revision by July 2000; ( iii) Frame alternative strategies -- convene a group of stockholders to . frame alternative strategies, including outcomes and descriptions, of how hatcheries will be used in Oregon over the next decade ( these strategies will address the use of hatcheries for wild fish population recovery including supplementation, research and monitoring, public education, and sport and commercial fishing opportunities); ( iv) Public review and selection of a strategy -- the OFWC shall, after public review and ' ;-'-!&%; f$'. i comment, adopt a strategic plan to guide development of future hatchery programs, incorporating the strategy developed and adopted in accordance with subpart ( iii) of this paragraph. ( d) Criteria and guidelines directing the design of projects that may affect fish passage have been established in a Memorandum of Understanding ( MOU) between the Oregon Department of Transportation ( ODOT), ODFW, the Oregon Department of Forestry ( ODF), the Oregon Department of Agriculture ( ODA), the Division of State Lands ( DSL) and the Federal Highway Administration. These guidelines apply to the design, construction and consultations of projects affecting fish passage. Under the MOU, projects requiring regulatory approvals that follow these criteria and guidelines are expedited. Oregon agencies will continue to provide technical assistance to ensure that the criteria and guidelines are applied appropriately in restoration projects, as well as any other projects that may affect fish passage through road crossings and similar structures. ODFW will work with state agencies, local governments, and watershed councils to ensure that Oregon's standards for fish passage set forth in Exhibit A to the MOU are understood and are implemented. - ( e) Fish presence, stream habitat, road and culvert surveys have been conducted for roads within ODOT jurisdiction and county roads in coastal basins, the Lower Columbia basin, the Willamette basin, and the Grande Ronbe/ lmnaha basins. Among the results of these surveys is the finding that culvert barriers to fish passage affect a substantial quantity of salmonid habitat. For example, surveys of county and state highways in western Oregon found over 1,200 culverts that are barriers to passage. As a result, ODOT is placing additional priority on restoring fish access. For 1998, ODOT repaired or replaced 35 culverts restoring access to 101 miles of salmonid habitat. For 1999, the Oregon Transportation Commission will be asked to fund approximately $ 4.0 million for culvert modification. ODOT and the Commission will continue to examine means to speed restoration of fish passage and to coordinate priorities with ODFW. ( f) Draft watershed assessment protocols have been developed and are being field tested. Beginning in 1999, SWCDs, watershed councils and others will be able to use the protocols as the basis for action plans to identify and prioritize opportunities to protect and restore salmonids. Watershed action plans have already been completed in a number of basins including the Rogue, Coos, Coquille and Grande Ronde. State agencies will work to support these watershed assessments and plans to the maximum extent practicable. Where watershed action plans have been developed under the protocols, GWEB will ensure that projects funded through the Watershed Improvement Grant Fund are consistent with watershed action plans, and other state agencies will work with SWCDs and watershed councils to ensure that activities they authorize, fund or undertake are consistent with watershed action plans to the maximum extent practicable. ( g) The State of Oregon has developed interim aquatic habitat restoration and enhancement guidelines for 1998. State agencies involved with restoration activities ( ODFW, ODF, DSL, ODA, DEQ, and GWEB) will continue to develop and refine the interim guidelines for final publication in April 1999. The guidelines will be applied in restoration activities funded or authorized by state agencies. The purpose of ' the guidelines will be to define aquatic restoration and to identify and encourage aquatic habitat restoration techniques to restore salmonids. . . ( h) ODA and O ~ hFave each entered into a Memorandum of Understanding with the Oregon Department'of Environmental Quality relating to the development of . Total Maximum Daily Loads ( TMDLs) and Water Quality Management Area Plans ( WQMAPs). O Dw~ ill adopt. a nd implement WQMAPs ( through the Healthy Streams Partnership) and ODF , will review the adequacy of forest practices rules to meet water quality standards. ODF and ODA will evaluate the effectiveness of these measures in achieving water quality standards on a regular basis and implement any changes required to meet the standards. ( i) Agencies are implementing a coordinated monitoring program, as described in the Oregon Plan. This program includes technical support and standardized protocols for watershed councils, stream habitat surveys, forest practice effectiveness monitoring, water withdrawal monitoring, ambient water quality monitoring, and biotic index studies, as well as fish presence surveys and salmonid abundance and survival monitoring in selected subbasins. State agencies are also' working to coordinate monitoring efforts by state, federal, and local entities, including watershed councils. State agencies will work actively to ensure that the monitoring measures' in the Oregon Plan are continued. - .. ( j) GWEB has put into place new processes for identifying and coordinating the delivery of financial and technical assistance to individuals, agencies, watershed councils and soil and water conservation districts as they implement watershed ' restoration projects to improve water quality and restore aquatic resources. Over $ 25 ' million has been distributed for watershed restoration projects in the last ten years. During the present ( 1 997- 99 biennium) GWEB has awarded over $ 1 2 million dollars in f- state and federal funds for technical'assistance and watershed restoration activities to implement the Oregon Plan. GWEB and state agencies will continue to seek financial resources to be allocated by GWEB for watershed restoration activities at the local and. statewide levels. ( k) State agencies will continue to encourage, support and work to provide incentives for local, tribal, and private . efforts to implement the Oregon Plan. In addition, state agencies will continue to provide financial assistance to local entities for projects to protect and restore salmonids to the extent consistent with their budgetary and legal authorities, and consistent with their work programs in the Oregon Plan. To the. maximum extent practicable, state agencies will also provide technical assistance and planning tools to provide local conservation groups to assist in and target watershed restoration efforts. These efforts ( during 1996 and 1997) are reported in " The Oregon. Plan for Salmon and Watersheds: Watershed Restoration Inventory, 1998." ~ u s c afe w of the important efforts that have been completed include: ( A) Eighty- two watershed councils have joined with forty- five Soil and Water Conservation Districts as well as private and public landowners to implement on- the- ground projects' to protect and restore salmonids. During 1996 and 1997, a reported $ 27.4 million was spent on 1,234 watershed restoration projects on non-federal lands. Both the amount spent and the number of projects represent significant increases ( of over 300 percent) over prior years. In 1996- 97, watershed councils, SWCDs and other organizations and individuals completed: ( i) 138 stream fencing projects, involving at least 301 miles of streambank; ( ii) 196 riparian area planting projects, involving at least 11 1 miles of streams; and ( iii) 458 instream habitat improvement projects. . . . ( B) Private and state forest landowners are implementing key efforts under the Oregon Plan, including the road risk and remediation program ( ODF- 1 and 2). Under this effort in 1996 and 1997, close to 4,000 miles of roads'have been surveyed to identify risks that the roads may pose to salmonid habitat. As the risks are identified, they are then prioritized for remediation following an established. protocol. Already, 52 miles of forest roads have been closed, 843 miles of road repair and reconstruction projects to - protect salmonid habitat have been completed, and an additional 14 miles of roads have been decommissioned or relocated.. In addition, 530 culverts have been replaced, upgraded or installed for fish passage purposes, improving access to a reported 146 stream miles. ( C) Organizations working in Tillamook County have developed the I ." J aw#~ t Tillamook County Performance Partnership. The Partnership is implementing the \*. Tillamook Bay National Estuary Program by addressing water quality, fisheries, floodplain management and economic development in the county. Among the actions that the Partnership has already accomplished are: ( i) the closure of seven miles of degraded forest roads and the rehabilitation of 469 miles of roads to meet current standards, at a cost of $ 1 8 million; ( ii) the fencing of 53 miles of streambank, and the construction of three cattle bridges and 100 alternative cattle watering sites, at a cost of $ 214,000; and ( iii) the completion of 24 instream restoration projects and 34 barbs protecting 4,200 feet of streambank, at a cost of $ 1.3 million dollars. ( D) The Confederated Tribes of the Grande Ronde Community of Oregon have completed a forest management plan that establishes standards for the protection of aquatic resources that are comparable to those found in the Aquatic Conservation Strategy ' of the Northwest Forest Plan. . % ( E) A combination of funding from the Oregon Wildlife Heritage Foundation and the National Fish and Wildlife Heritage Foundation ( private, non- profit organizations) is provi, ding support for seven biologists to design restoration projects. These projects are prioritized based on stream surveys, and are carried out with the voluntary participation and support of landowners. A ten- year monitoring plan has been funded- and implemented to determine project effectiveness: ( F) The Oregon Cattlemen's Association has implemented its WESt Program that is designed to help landowners better understand their watersheds and stream functions through assessments and monitoring. h he WESt Program brings landowners together along stream reaches, and offers a series of workshops, conducted on a site specific basis, free of charge. The workshops include riparian ecology, setting goals and objectives, Proper Functioning Condition ( PFC), data. collection and monitoring. Over 25 workshops have been held, with attendance ranging from 5 to 30 landowners per workshop. The WESt Program is sponsored by the Oregon Cattlemen's Association, DEQ, Oregon State University, and GWEB. ( G) Within the Tillamook State Forest road network 1,902 culverts have been replaced or added to'improve road drainage and to disconnect storm water runoff from roads reducing stream sediment impacts. Additionally, some of these culverts also improved fish passage at stream crossings. In this process, ODF has also replaced six culverts with bridges improving fish passage to approximately four miles of stream. The Tillamook State Foresl in conjunction with many partners, such F-as the Association of Northwest Steelheaders, G W EB, Simpson Timber Company, Tillamook County, the FishAmerica Foundation, Hardrock Construction Company, the Oregon Wildlife Heritage Foundation, the F& WS, the Oregon Youth Conservation Corps, Columbia Helicopters and Terra Helicopters, has also recently completed instream placement of over 400 rootwads, trees and boulders at a cost of $ 300,000 for habitat enhancement. ( 3) Key Agency Efforts. Continuation and completion of the following state agency efforts is critical to the success of the Oregon Plan. State agencies will make continuation or completion ( as appropriate) of the following efforts a high priority. ( a) The State of Oregon and the US. Department of Agriculture have entered into a Conservation Reserve Enhancement Program ( CREP). This cost- share program, one of the first of its kind, . will be used to reduce the impacts of agricultural practices through water quality. add habitat improvement. The objectives of the CREP are to: ( i) provide incentives'for farmers and ranchers to establish riparian buffers; ( ii) protect - . and restore at least 4,000 miles of stream habitat by providing up to 95,000 acres of riparian buffeis; ( i4) restore up to 5,000 acres of wetlands that will benefit salmonids; and ( iv) provide a mechanism for farmers and ranchers to comply with Oregon's ,- Senate Bill 101 0 ( 1 993 Or. Laws, ch. 263). ( b) ODF will work with non- industrial forest landowners to'administer the Stewardship Incentive Program and the Forest Resources Trust programs to protect and restore riparian and wetland areas that benefit salmonids. ( c) The Oregon Board of Forestry will determine, with the assistance of an advisory committee, to what extent changes to forest practices are needed to meet state water quality standards and to protect and restore salmonids. A substantial body of information regarding the effectiveness of current practices is being . developed. This information includes: ( i) the IMST report regarding . the role of forest practices and forest habitat in protecting and restoring salmonids; and ( ii) a series of - monitoring projects that include the Storms of 1996 study, a riparian areas study, a stream temperature study, and a road drainage study. Using this information, as well as other available scientific information including scientific information from NMFS, the advisory committee will make recommendations to the Board at both site and watershed scales on threats to salmonid habitat relating to sediment, water temperature, freshwater habitat needs, roads and fish passage. Based on the advisory committee's recommendations and other scientific information, the Board will make every effort to make its determinations by June 1999. The Board may . . determine that the most effective means of achieving any necessary changes to . - d;.~ .;* i;. z . I:@;.. %- .~ + k forest practices is through regulatory changes, statutory changes or through other programs . including programs to create incentives for forest landowners. In the event that the Board determines that legislative changes. are necessary to carry out its determinations, the Board will transmit any recommendations for such changes to the . Governor and to the Joint Committee at the earliest possible date. ( d) Consistent with administrative rule, and statutory and constitutional mandates for the management of state forests, ODF State Forest management plans will include an aquatic conservation strategy that has a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids on state forest lands. ( e) ODF will present to NMFS a Habitat Conservation Plan ( HCP) under Section 10 of the federal ESA that includes the Clatsop and Tillamook State Forests. ODF has already completed scierkific review and has public review underway for this draft HCP. The scientific and public review comments will be considered by ODF in . . completing the draft HCP. The draft HCP will be presented to NMFS by June 1999. An HCP for the ~ jliotSt tate Forest was approved by the US. Fish & Wildlife Service in 1995. In October af 1997, ODF and DSL forwarded the Elliott State Forest HCP to NMFS with the request that it be reviewed to determine whether it has a high likelihood of protecting and restoring properly functioning aquatic habitat conditions on state forest lands necessary to protect and restore salmonids. Based on discussions surrounding the NMFS review, ODF and DSL will determine what revisions, if any, are required to the Elliott HCP and/ or Forest Management Plan to ensure a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids. ( f) Before the OFWC adopts and implements fishery regulations that may result in taking of coho, ODFW will provide NMFS with'all available scientific information and analyses pertinent to the proposed regulation where the harvest measures are not under the jurisdiction of the PFMC, including results of the Oregon Plan monitoring and evaluation program. This information, together with the proposed regulation and supporting analysis, will be provided at least two weeks prior to the OFWC's action, to give NMFS time to review and comment on the proposed regulations. ( g) ODFW will evaluate the effects of predation on salmonids, and . will . work with . affected federal agencies to determine whether changes to programs and law relating to predation are warranted in order to protect and restore salmonids. P ( h) Under Oregon Senate Bill 101 0 ( 1 993 Or. Laws, ch. 2631, ODA will adopt Agricultural Water Qualify Management Area Plans ( AWQMAPs) for Tier I and Tier ll watersheds by the end of 2002. The AWQMAPs will be designed and implemented to meet load allocations for agriculture needed to achieve state water quality . . standards. In addition, ODA will work with ODFW, DEQ, GWEB, SWCDs, federal . agencies and watershed councils to determine to what extent additional measures related to achieving properly functioning riparian and aquatic habitat on agricultural lands are needed to protect and restore salmonids, giving attention first to priority areas identified in. the Oregon Plan. In the event ODA is unable to reach a consensus regarding such measures, ODA will ask the IMST to review areas of substantive ' scientific disagreement and to'make recommendations to ODA regarding how they should be resolved. In the event that legislative changes are needed to implement such measures, ODA will transmit any recommendations for such changes to. the Governor and to the Joint Committee at the earliest possible date. In addition, any measures identified as rieeded by ODA will be implemented at the earliest practicable time. * . ( i) ODFW will expedite its applications for instream water rights and OWRD will process such applications promptly where flow deficits are identified as adversely affecting salmonids, and where such rights. are not already in place. The Oregon - water Resources Department ( OWRD) and the Oregon Water Resources Commission ( OWRC) will- also seek to facilitate flow restoration targeted to streams identified by OWRD and ODFW as posing the most critical low- flow barriers to salmonids. In addition, where necessary, OWRD will continue to work with the Oregon State Police to provide enforcement of water use. Where illegal water uses are identified, OWRD will ensure outcomes consistent with maintenance and restoration of flows. ( j) The Oregon Environmental Quality commission ( EQC). and DEQ will evaluate and will make every effort to utilize their authorities to continue to provide additional protection to . priority areas ( as determined under section 1 ( f) of this Executive Order), including in- stream flow protection under state law, and antidegradation policy under . the federal Clean Water Act ( including Outstanding Resource Waters designations . and high quality waters designations). . ( k) DSL has proposed to adopt changes to its Essential Salmonid Habitat rules that will provide additional protection for spawning and rearing areas of anadromous salmonids. In addition, ODFW and DSL will consult with the OWRC to determine where it is necessary to administratively close priority areas ( including ' work under General Authorizations) to fill and removal activities in order to protect salmonids. . . DSL, ODFW, ODF and ODA also will work together to identify means of regulating the . uy- w :.-:: st. removal of organic material ( such as large woody debris) from streams where such removal would adversely affect salmonids and would not be contrary to other agency mandates. ( I) DSL will seek the advice of the IMST regarding whether gravel removal affects gravel and/ or sediment budgets in a manner that adversely affects salmonids. ( m) The Department of Land Conservation and ~ e v e l o p r n e n t ' ( ~ ~ acn~ d ) th, e Land Conservation- and Development Commission ( LCDC) will evaluate and, to the extent feasible, speed implementation of existing Goal 5 requirements for riparian corridors. ( n) DLCD, DEQ, ODF, ODA, ODFW, and DSL and their respective boards and commissions will evaluate and implement programs to protect and restore riparian vegetation for the purposes of achieving statewide water quality standards and . . protecting and restoring a aquatic habitat for salmonids. ' ( 0) DLCD, with, the assistance of DSL and ODFW, and in consultation with coastal cities and counties, shall review the requirements of Statewide Planning Goal i 6 as they pertain to estuarine resources important to the restoration of salmonids, and shall, report its findings to LCDC for its consideration. ( p) The Oregon State Police will work to facilitate the existing cooperative relationship with the NMFS Office of ~ a Ewnfo rcement, as well as tomaintain cooperation with other enforcement entities, in order to enhance law enforcement, public awareness and voluntary compliance related to harvest, habitat and other issues addressed in the Oregon Plan. ( q) The Oregon Parks and Recreation Department will continue to work to p. rovide information and education to the public on salmon and steelhead needs through park programs and interpretive aids. ( r) The Oregon Marine Board will work to ensure fish friendly boating and to develop boating facilities that protect salmonids. ( s) State natural resource agencies will continue, to the extent feasible, to support watershed councils by providing technical assistance to develop watershed assessments, restoration plans and to develop watershed priorities to benefit 7- salmonids. In addition, state natural resource agencies will work'on a larger . .:.... watershed scale to develop basin- wide restoration priorities. ( 4) Future Modifications; Public Involvement for the Oregon Plan Generally. The GNRO will solicit public co'mments and input from participants in the Oregon Plan regarding whether there are refinements or changes to the Plan and/ or the organizational framework for implementing the Plan that are necessary or desirable based on the experience gained over the past three years, or resulting from the widespread listings and proposed listings of salmon and trout under the federal ESA. Based on this public involvement, the GNRO will provide a report and recommendations to the Governor and the Joint Committee regarding whether modifications are necessary to the Oregon Plan in order to protect and restore coho and other salmonids. ( 5) Definitions. For purioses'of this Executive Order: . . ( aj The " Oregon Plan" means the Oregon Coastal Salmon Recovery lnitiative, dated March 1991, and the Steelhead. Supplement, dated January 1998. " Oregon Plan," as used in this Order, is intended to be consistent with the definition of the' Oregon Coastal Salmon Recovery lnitiative in Oregon Senate Bill 924 ( 1997 Or. Laws, .- cti. 7), and to include the Healthy Streams Partnership ( 1 993 Or. Laws, ch. 263). -. - ( b) " Protect" has the meaning given in section ( l)( d) of this Executive Order. ( c) " Restore" has the meaning'given in section ( l)( e) of this Executive Order. Restore necessarily includes actions to manage salmonids to provide for adequate escapement levels, and actions to increase the quantity and improve the quality of properly functioning habitat upon which salmonids depend. ( d) " Coho" means native wild coho salmon found in rivers and lakes along the Oregon Coast. ( el " Salmonids" means native wild salmon, char and trout in the State of Oregon. ( 6) Effective Date; Relation to Federal ESA. This Executive Order will take effect on the date that it is filed with the Secretary of State. The State of Oregon will continue to work with NMFS to determine the appropriate relationship between the Oregon Plan and NMFS's efforts under the federal ESA. Done at Salem, Oregon, this $ day of & ~ 4 y , 1999. ha26 . ~ it& er, M. D. Suz adnd .~. ow& end DEPUTY SECR~ ARYOF - STATE Title: The Oregon plan for salmon and watersheds Author: Oregon. Office of the Governor Year: 1999, 2005, 2004 KCAMATH FALLS. QREEON THE OREGON PLAN FOR SALMON AND WATERSHEDS The purpose of the Oregon Plan for Salmon and Watersheds ( the " Oregon Plan") as stated in the Plan and reaffirmed in this Executive Order is to restore Oregon's wild salmon and trout populations and fisheries to sustainable and productive levels that will provide substantial environmental, cultural, and economic benefits and to improve water quality. The Oregon Plan is a long- term, ongoing effort that began as a focused set of actions by state, local, tribal and private organizations and individuals in October of 1995. The Oregon Plan first addressed coho salmon on the Oregon Coast, was then broadened to include steelhead trout on the coast and in the Lower Columbia River, and is now expanding to all at- risk wild salmonids throughout the state. The Oregon Plan addresses all factors for decline of these species, including watershed conditions arid fisheries, to the extent those factors can be affected by the state. The Oregon Plan was endorsed and funded by the Oregon Legislature in 1997 through Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7) and House Bill 3700 ( 1 997 Or. Laws, ch.' 8). The Oregon Plan is described in two principal documents: " The Oregon Plan," dated March 1997, and " The Oregon Plan for Salmon and Watersheds, Supplement I - steelhbad," dated January 1998. As used in this Executive Order, + the Oregon Plan also incorporates the Healthy Streams Partnership ( Oregon Senate Bill 101 0, 1 993- Or. Laws, ch. 263). The Oregon Plan is a cooperative effort of state, local, federal, tribal and private organizations and individuals. Although the Oregon Plan contains a strong foundation of protective regulations -- continuing existing regulatory programs and speeding the implementation of others - an essential principle of the Plan is the need to move beyond prohibitions and to encourage efforts to improve conditions for salmon through non- regulatory means. Many of the most significant contributions to the Oregon Plan are private and quasi- governmental efforts to protect and . restore salmon on working landscapes, including efforts by watershed councils. Salmon and trout restoration requires action and sacrifice across the entire economic and geographic spectrum of Oregon. The commercial and sport fishing industries in Oregon have been heavily affected by complete or partial closures of fisheries. The forest industry operates under the Oregon Forest Practices Act, and has contributed substantially to salmon recovery through habitat restoration projects on private lands and by funding a large pan of the state recovery efforts. The agriculture and mining industries are also taking actions that will protect and restore salmon and trout habitat and improve water quality ( including financial support of restoration efforts by the mining industry). Urban areas are developing water conservation programs, spending funds for wastewater treatment improvements to reduce point source pollution, reducing non- point source pollution and reducing activities that degrade riparian areas. All citizens of Oregon share responsibility for declining populations of wild salmon and trout, and it is important that there be both a broad commitment to reversing these historic trends and a sense that the burdens of restoration are being shared by all of society. It is also important that there be independent scientific oversight of the Oregon Plan. This oversight is being provided by the Independent Mutidisciplinary Science Team ( IMST), established under Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7). ~ d'ditional legislative oversight for the Oregon Plan is being provided by the Joint Legislative Committee on . Salmon and Stream Enhancement ( the " Joint Committee!'). Under the federal Endangered Species Act ( ESA) the U. S. Fish & Wildlife Service . . ( F& WS) and the National Marine Fisheries Service ( NMFS) are responsible for identifying species that are threatened or endangered, and for developing programs to conserve and recover lhose species. F& WS and NMFS have now listed salmonids under the ESA on the entire Oregon Coast, the lower Columbia River ( including most of the Portland metropolitan area). the la math River basin, and in the upper Columbia and Snake River basins. More listings are expected within the next year. To date, the F& WS and NMFS generally have not had the resources to develop and implement effective recovery plans for fisheries. In addition, in many areas a large proportion of the habitat that list'ed'salmonids depend on is located on private lands, where the regulatory tools under the ESA are relatively ' ill- defined and indirect. Finally, federal agencies alone, even if they take an active regulatory approach. to recovery, will not restore listed salmonids. The federal ESA may work to prohibit certain actions, but there is simply too much habitat on private lands for restoration to succeed without pro- active involvement and incentives for individuals, groups, and local governments to take affirmative actions to restore habitat on working landscapes. In April, 1997 the State of Oregon and NMFS entered into a Memorandum of Agreement ( MOA) under which the State agreed to continue existing measures under the March 1997 Oregon Plan and to take certain additional actions to protect and restbre coho salmon on the Oregon Coast. On May 6, 1997, NMFS determined that the Oregon Coast Evolutionarily Significant Unit ( ESU) of coho salmon did not warrant listing as a threatened or endangered species under the ESA. On June 2, 1998, the US. District Court for Oregon ordered NMFS to reconsider its decision without taking into account any parts of the Oregon Plan or MOA that are not " current enforceable measures." The U. S. District Court for Oregon also held that the MOA was speculative, due to the fact that it provided for termination by either party on thirty days notice, and that therefore the MOA could not be considered by NMFS ' in its listing decision. Under court order, NMFS reconsidered its decision without taking into account the application in the future of the harvest and hatchery measures contained in the Oregon Plan, or the habitat improvement programs being undertaken under the Oregon Plan, or the commitments made by the State of Oregon in the MOA for improvement of applicable habitat measures. Accordingly, NMFS listed Oregon Coast .. . coho as threatened undefthe ESA on or about October 2, 1998. - The MOA provided for the State of Oregon to take actions necessary to ensfie that - Oregon Coast coho did not warrant listing as a threatened or endangered species under the federal ESA. Now that Oregon Coast coho are listed as a threatened species as a- result of the U. S. District Court's order, the central purpose of the MOA has been eliminated. Due to the uncertainties created by the District Court's decision and the increasing extent of salmonids listed or proposed for listing under the federal ESA, it is important that the status of the State of Oregon's substantive commitments under the MOA and the purpose of the Oregon Plan be clarified. Through this Executive Order, the State of Oregon reaffirms its intent to play the leading role in protecting and restoring Oregon Coast coho and other salmonids. through the implementation of the Oregon Plan. This Executive Order provides the framework and direction for state agencies to implement ( to the extent of their authorities) the Oregon Plan in a timely and effective manner. This Executive Order also provides a framework for extending the state's efforts beyond a focus on Oregon Coast coho, to watersheds and fisheries statewide. Consistent with the principle of adaptive management, this Order applies the experience gained to date in implementing the Oregon Plan to provide additional detailed direction to state agencies. Finally, this Executive Order establishes a public involvement process to prioritize continuing efforts under the Oregon Plan. NOW THEREFORE, IT IS HEREBY ORDERED AND DIRECTED: ( 1) Overall Direction ( a) Agencies of the State of Oregon will, consistent with their authorities, fully implement the state agency efforts described in the Oregon Plan and in this Executive Order. ( b) The overall objective for state agencies under the Oregon Plan and this Executive Order is to protect and restore salmonids and to improve water quality. ( c) The Governor will, in cooperation with the Joint Committee, IMST, affected state agencies, watershed councils, and other affected local entities and persons develop and implement, a process to set biological and habitat goals and objectives to protect and restore salmonids on a basin or regional basis as soon as practicable. Once these goals and objectives are established, they will be used by state agencies . . . to evaluate their regulatory and non- regulatory programs and measures relating to the protection and re'storation of salmonids. Through this on- going evaluation, state agencies will determine any changes to their programs or measures that may be necessary to meet the biological and habitat goals and objectives. In the interim, the following objectives in subsections ( d) and ( e) shall apply to agencies' implem'entation of the OregGn Plan and this Executive Order. . . ( d) Actions that state agencies take, fund and/ or authorize that are primarily for a purpose other than restoration of salmonids or the habitat they depend upon will, considering the anticipated duration and geographic scope of the actions: ( A) to the maximum extent practicable minimize and mitigate adverse effects of the actions on salmoni. ds or the habitat they depend on; and ( 8) not appreciably reduce the likelihood of the survival and recovery of salmonids in the wild. ( e) State agencies will take, fund and/ or authorize actions that are primarily for the purpose of restoring salmonids or the habitat they depend upon, including actions implementing the Oregon Plan, with the goal of producing a conservation benefit that ( if taken together with comparable and related actions by all persons and entities within the range of the species) is likely to result in sustainable population levels of salmonids in the foreseeable future, and in population levels of salmonids that provide substantial environmental, cultural and economic benefits to Oregonians in the long term. ( f) With the broadening of the Oregon Plan,' prioritizing all agency actions according to coho core areas is no longer appropriate. Each state agency participating in the Oregon Plan, in consultation with ODFW and other partners involved in the implementation of the Plan and through a public involvement process, will modify their existing work programs in the Oregon Plan to prioritize agency measures to protect and restore salmonids in a timely and effective manner. The work programs will continue to identify key specific outcomes, refine and improve designations of priority areas, and establish completion dates. These modifications will be submitted to the , Governor, the Joint Committee, and to the appropriate boards and commissions as soon as possible, but in no event later than June 1, 1999. Progress reports on action plans will be submitted to the Governor, the Joint Committee, and to the appropriate boards and commissions on an annual basis. In prioritizing their efforts,' state agencies shall consider how to maximize conservation -, benefits for salmonids and the habitat they depend on within limited resources and - . whether their- actions are likely to increase populations of salmonids in the foreseeable future. I p ( g) State agencies will work cooperatively with landowners, local entities and other persons taking actions to protect or restore salmonids. ( h) As the Oregon Plan grows in geographic scope and . in intensity of activity,' there is a growing need to streamline and prioritize state agency activity at the . regional level. One proposal has been to organize state natural resource agency field operations along hydrologic units. Therefore, state agencies will consider this proposal and, through the collective efforts of state agency directors, develop an organization plan that focuses state agency field effort on the activities and areas of highest priority under the Oregon Plan. ( i) State. agencies will continue to encourage and work with agencies of the U. S. government to implement the federal measures described in the Oregon Plan.. In addition, the state agencies will work with the federal government to develop additional means of protecting and restoring salmonids. Where appropriate, state agencies will request that federal agencies obtain incidental take permits under Section 7 of the federal ESA for state actions that ace funded or authorized by a , federal agency. ( j) State agencies will help support efforts to evaluate watershed conditions, and to develop'specific strategic plans to provide for flood management, water quality improvement, and salmonid restoration in basins around the state, including the Willamette basin through the Willamette Restoration Initiative. ( k) The IMST will continue to provide oversight to ensure the use of the best scientific information available as the basis for implementation of and for adaptive changes to the Oregon Plan. State agencies will ensure that the IMST receives data and other information reasonably required for its functions in a timely manner. The Governor's Natural Resources Office ( GNRO) has requested that the IMST's initial priority be review of the freshwater habitat needs of coho and the relationship between population levels, escapement levels, and habitat characteristics. The GNRO also will continue to request that the IMST annually review monitoring results and identify where the Oregon Plan warrants change for scientific or technical reasons and make recommend& ions to the appropriate agency on those adjustments that appear necessary. Agencies will report their responses to any recommendations by . . the IMST to the Governor and to the Joint Committee. Any other changes identified by the IMST as necessary to achieve properly functioning riparian and aquatic habitat conditions required to, protect and restore salmonids will be forwarded to the appropriate governmental entity for its consideration of the adoption of new, changed, or supplemental measures as rapidly as possible while providing for public involvement: Each state agency, by June 1, 1999, will ratify a monitoring team charter through an interagency memorandum. A draft of the charter is contained in the 1998 Oregon Plan Annual Report. ( I) Monitoring is a key element of the Oregon Plan. Each state agency will actively support the monitoring strategy described in the Oregon Plan. Each affected agency will participate on the monitoring team to coordinate activities and integrate analyses. Each agency will implement . an appropriate monitoring program to assess the effectiveness of their programs and measures in meeting the objectives set forth in the Oregon Planon an annual basis. In addition, agencies with regulatory programs that are included in the Oregon Plan will determine levels of compliance with regulatory standards and identify and act on opportunities to improve compliance levels: ( m) If information gathered regarding the effectiveness of measures in the Oregon Plan shows that existing strategies within state control are not achie, ving expected improvements and objectives, the agency( ies1 responsible for those measures will seek appropriate changes in their regulations, policies, programs, r-measures and other areas of the Oregon Plan, as required to protect and restore coho and other sal'monids. Such modification or supplementation will be done as rapidly as possible, consistent with public involvement. ( n) Agencies are using geographically- referenced data in their efforts under the Oregon Plan, and will be using Geographic Information Systems ( GIs) in the analysis of these , data. In doing so, the State GIs Plan, developed by the Oregon Geographic lnformation Council ( OGIC) ( see Executive Order 96- 40) will be followed, with specific adherence to the Plan guidance on data documentation, coordination and data sharing. The agency with primary responsibility for gathering and updating the specific data will be responsible for meeting the requirements of the Plan, and to ensure coordination- with OGIC, the State Service Center for GIs and other' cooperating agencies. In addition, state agencies will cooperate with the Governor's Watershed Enhancement Board ( GWEB), Soil and. Water Conservation Districts ( SWCDs), local waters$ ed councils, landowners and others in making these essential data available. ( 0) Geographically- based strategies to assess and achieve habitat needs and adequate escapement levels will be used, and the state agencies will continue with the development of standardized watershed assessment protocols, including a -- cumulative effects assessment. State agencies will also continue with the development of habitat restoration guides to evaluate and direct habitat restoration efforts. ( 2) Continuation and Expansion of Existing Efforts. Without limiting the generality of section ( l)( a) of this Executive Order, the following subsections of this Executive Order describe some of the many efforts in the Oregon Plan where the initial phase of work has been completed, and where efforts will be continued. ( a) The Oregon Fish & Wildlife Commission ( OFWC), the Oregon Department of Fish & Wildlife ( ODFW), and the Pacific Fishery Management Council ( PFMC) are managing ocean and terminal fisheries according to the measures set forth in the Oregon Plan ( ODFW I- A. l and Ill- A. l). These measures set a maximum mortality rate ( resulting from other fisheries) for any of four disaggregated stocks of coho of fifteen percent ( 1 5%) under poor ocean conditions. In 1997, the mortality rate. from harvest is estimated to have been between nine and eleven percent ( 9- 1 1 %). ODFW and OFWC will continue these measures in state waters, and will actively support continued implementation of the ocean harvest measures by the PFMC ( Amendment 13 to the Council's salmon management plan) until and unless a different management regime agreeable to NMFS is adopted. ( b) The OFWC and ODFW will ensure that the fish hatchery measures set forth in the Oregon Plan are continued by the OFWC and ODFW. ODFW is marking all hatchery coho on the Oregon Coast. This marking will allow increased certainty in estimating hatchery stray rates beginning in 1999. Available data on hatchery stray rates for coho and steelhead are being provided to NMFS on an annual basis. The number of hatchery coho released is estimated to have been 1.7 million in 1998 - substantially below the level called for in the Oregon Plan. This number will be reduced to 1.2 million in 1999. In addition, ODFW has, and will continue to provide. annual reports regarding: ( i) the number of juvenile hatchery coho that are released by brood year, locations and dates of release, life stage, and broodstock origin; ( ii) the number of adult coho taken for broodstock for each hatchery, the location and date of collection, and the origin ( hatchery or natural); ( iii) the number of hatchery coho . . estimated to have spawned in natural habitat by basin; ( iv) the estimated percentage of hatchery coho% the total natural spawning population; and ( v) the mortality of naturally- spawning coho resulting from each fishery. NMFS may provide comments about hatchery prograk affecting coho to ODFW, with any concerns to be resolved between NMFS and ODFW. - - ( c) ln addition to recent modifications to hatchery practices and programs, a new vision is needed for how Oregon will utilize hatcheries in the best and most effective manner. Therefore, the ODFW and the OFWC shall engage in a process to create a strategic plan for fish hatcheries in Oregon over the next decade ( including state and federally- funded hatcheries, private hatcheries, and the STEP program). The essential elements of this process are as follows: ( i) Impartial analysis - conduct an impartial analysis of the scientific bases, and the social and economic effects of Oregon hatchery programs utilizing existing analyses and review where feasible, but conducting new analyses if necessary; ( ii) Review the Wild Fish Management Policy ( WFMP) - because the future plan for hatcheries in Oregon is dependent on implementation of the WFMP, ODFW shall conduct a science and stakeholder review to determine if this significant policy should be revised and shall make any revision by July 2000; ( iii) Frame alternative strategies -- convene a group of stockholders to . frame alternative strategies, including outcomes and descriptions, of how hatcheries will be used in Oregon over the next decade ( these strategies will address the use of hatcheries for wild fish population recovery including supplementation, research and monitoring, public education, and sport and commercial fishing opportunities); ( iv) Public review and selection of a strategy -- the OFWC shall, after public review and ' ;-'-!&%; f$'. i comment, adopt a strategic plan to guide development of future hatchery programs, incorporating the strategy developed and adopted in accordance with subpart ( iii) of this paragraph. ( d) Criteria and guidelines directing the design of projects that may affect fish passage have been established in a Memorandum of Understanding ( MOU) between the Oregon Department of Transportation ( ODOT), ODFW, the Oregon Department of Forestry ( ODF), the Oregon Department of Agriculture ( ODA), the Division of State Lands ( DSL) and the Federal Highway Administration. These guidelines apply to the design, construction and consultations of projects affecting fish passage. Under the MOU, projects requiring regulatory approvals that follow these criteria and guidelines are expedited. Oregon agencies will continue to provide technical assistance to ensure that the criteria and guidelines are applied appropriately in restoration projects, as well as any other projects that may affect fish passage through road crossings and similar structures. ODFW will work with state agencies, local governments, and watershed councils to ensure that Oregon's standards for fish passage set forth in Exhibit A to the MOU are understood and are implemented. - ( e) Fish presence, stream habitat, road and culvert surveys have been conducted for roads within ODOT jurisdiction and county roads in coastal basins, the Lower Columbia basin, the Willamette basin, and the Grande Ronbe/ lmnaha basins. Among the results of these surveys is the finding that culvert barriers to fish passage affect a substantial quantity of salmonid habitat. For example, surveys of county and state highways in western Oregon found over 1,200 culverts that are barriers to passage. As a result, ODOT is placing additional priority on restoring fish access. For 1998, ODOT repaired or replaced 35 culverts restoring access to 101 miles of salmonid habitat. For 1999, the Oregon Transportation Commission will be asked to fund approximately $ 4.0 million for culvert modification. ODOT and the Commission will continue to examine means to speed restoration of fish passage and to coordinate priorities with ODFW. ( f) Draft watershed assessment protocols have been developed and are being field tested. Beginning in 1999, SWCDs, watershed councils and others will be able to use the protocols as the basis for action plans to identify and prioritize opportunities to protect and restore salmonids. Watershed action plans have already been completed in a number of basins including the Rogue, Coos, Coquille and Grande Ronde. State agencies will work to support these watershed assessments and plans to the maximum extent practicable. Where watershed action plans have been developed under the protocols, GWEB will ensure that projects funded through the Watershed Improvement Grant Fund are consistent with watershed action plans, and other state agencies will work with SWCDs and watershed councils to ensure that activities they authorize, fund or undertake are consistent with watershed action plans to the maximum extent practicable. ( g) The State of Oregon has developed interim aquatic habitat restoration and enhancement guidelines for 1998. State agencies involved with restoration activities ( ODFW, ODF, DSL, ODA, DEQ, and GWEB) will continue to develop and refine the interim guidelines for final publication in April 1999. The guidelines will be applied in restoration activities funded or authorized by state agencies. The purpose of ' the guidelines will be to define aquatic restoration and to identify and encourage aquatic habitat restoration techniques to restore salmonids. . . ( h) ODA and O ~ hFave each entered into a Memorandum of Understanding with the Oregon Department'of Environmental Quality relating to the development of . Total Maximum Daily Loads ( TMDLs) and Water Quality Management Area Plans ( WQMAPs). O Dw~ ill adopt. a nd implement WQMAPs ( through the Healthy Streams Partnership) and ODF , will review the adequacy of forest practices rules to meet water quality standards. ODF and ODA will evaluate the effectiveness of these measures in achieving water quality standards on a regular basis and implement any changes required to meet the standards. ( i) Agencies are implementing a coordinated monitoring program, as described in the Oregon Plan. This program includes technical support and standardized protocols for watershed councils, stream habitat surveys, forest practice effectiveness monitoring, water withdrawal monitoring, ambient water quality monitoring, and biotic index studies, as well as fish presence surveys and salmonid abundance and survival monitoring in selected subbasins. State agencies are also' working to coordinate monitoring efforts by state, federal, and local entities, including watershed councils. State agencies will work actively to ensure that the monitoring measures' in the Oregon Plan are continued. - .. ( j) GWEB has put into place new processes for identifying and coordinating the delivery of financial and technical assistance to individuals, agencies, watershed councils and soil and water conservation districts as they implement watershed ' restoration projects to improve water quality and restore aquatic resources. Over $ 25 ' million has been distributed for watershed restoration projects in the last ten years. During the present ( 1 997- 99 biennium) GWEB has awarded over $ 1 2 million dollars in f- state and federal funds for technical'assistance and watershed restoration activities to implement the Oregon Plan. GWEB and state agencies will continue to seek financial resources to be allocated by GWEB for watershed restoration activities at the local and. statewide levels. ( k) State agencies will continue to encourage, support and work to provide incentives for local, tribal, and private . efforts to implement the Oregon Plan. In addition, state agencies will continue to provide financial assistance to local entities for projects to protect and restore salmonids to the extent consistent with their budgetary and legal authorities, and consistent with their work programs in the Oregon Plan. To the. maximum extent practicable, state agencies will also provide technical assistance and planning tools to provide local conservation groups to assist in and target watershed restoration efforts. These efforts ( during 1996 and 1997) are reported in " The Oregon. Plan for Salmon and Watersheds: Watershed Restoration Inventory, 1998." ~ u s c afe w of the important efforts that have been completed include: ( A) Eighty- two watershed councils have joined with forty- five Soil and Water Conservation Districts as well as private and public landowners to implement on- the- ground projects' to protect and restore salmonids. During 1996 and 1997, a reported $ 27.4 million was spent on 1,234 watershed restoration projects on non-federal lands. Both the amount spent and the number of projects represent significant increases ( of over 300 percent) over prior years. In 1996- 97, watershed councils, SWCDs and other organizations and individuals completed: ( i) 138 stream fencing projects, involving at least 301 miles of streambank; ( ii) 196 riparian area planting projects, involving at least 11 1 miles of streams; and ( iii) 458 instream habitat improvement projects. . . . ( B) Private and state forest landowners are implementing key efforts under the Oregon Plan, including the road risk and remediation program ( ODF- 1 and 2). Under this effort in 1996 and 1997, close to 4,000 miles of roads'have been surveyed to identify risks that the roads may pose to salmonid habitat. As the risks are identified, they are then prioritized for remediation following an established. protocol. Already, 52 miles of forest roads have been closed, 843 miles of road repair and reconstruction projects to - protect salmonid habitat have been completed, and an additional 14 miles of roads have been decommissioned or relocated.. In addition, 530 culverts have been replaced, upgraded or installed for fish passage purposes, improving access to a reported 146 stream miles. ( C) Organizations working in Tillamook County have developed the I ." J aw#~ t Tillamook County Performance Partnership. The Partnership is implementing the \*. Tillamook Bay National Estuary Program by addressing water quality, fisheries, floodplain management and economic development in the county. Among the actions that the Partnership has already accomplished are: ( i) the closure of seven miles of degraded forest roads and the rehabilitation of 469 miles of roads to meet current standards, at a cost of $ 1 8 million; ( ii) the fencing of 53 miles of streambank, and the construction of three cattle bridges and 100 alternative cattle watering sites, at a cost of $ 214,000; and ( iii) the completion of 24 instream restoration projects and 34 barbs protecting 4,200 feet of streambank, at a cost of $ 1.3 million dollars. ( D) The Confederated Tribes of the Grande Ronde Community of Oregon have completed a forest management plan that establishes standards for the protection of aquatic resources that are comparable to those found in the Aquatic Conservation Strategy ' of the Northwest Forest Plan. . % ( E) A combination of funding from the Oregon Wildlife Heritage Foundation and the National Fish and Wildlife Heritage Foundation ( private, non- profit organizations) is provi, ding support for seven biologists to design restoration projects. These projects are prioritized based on stream surveys, and are carried out with the voluntary participation and support of landowners. A ten- year monitoring plan has been funded- and implemented to determine project effectiveness: ( F) The Oregon Cattlemen's Association has implemented its WESt Program that is designed to help landowners better understand their watersheds and stream functions through assessments and monitoring. h he WESt Program brings landowners together along stream reaches, and offers a series of workshops, conducted on a site specific basis, free of charge. The workshops include riparian ecology, setting goals and objectives, Proper Functioning Condition ( PFC), data. collection and monitoring. Over 25 workshops have been held, with attendance ranging from 5 to 30 landowners per workshop. The WESt Program is sponsored by the Oregon Cattlemen's Association, DEQ, Oregon State University, and GWEB. ( G) Within the Tillamook State Forest road network 1,902 culverts have been replaced or added to'improve road drainage and to disconnect storm water runoff from roads reducing stream sediment impacts. Additionally, some of these culverts also improved fish passage at stream crossings. In this process, ODF has also replaced six culverts with bridges improving fish passage to approximately four miles of stream. The Tillamook State Foresl in conjunction with many partners, such F-as the Association of Northwest Steelheaders, G W EB, Simpson Timber Company, Tillamook County, the FishAmerica Foundation, Hardrock Construction Company, the Oregon Wildlife Heritage Foundation, the F& WS, the Oregon Youth Conservation Corps, Columbia Helicopters and Terra Helicopters, has also recently completed instream placement of over 400 rootwads, trees and boulders at a cost of $ 300,000 for habitat enhancement. ( 3) Key Agency Efforts. Continuation and completion of the following state agency efforts is critical to the success of the Oregon Plan. State agencies will make continuation or completion ( as appropriate) of the following efforts a high priority. ( a) The State of Oregon and the US. Department of Agriculture have entered into a Conservation Reserve Enhancement Program ( CREP). This cost- share program, one of the first of its kind, . will be used to reduce the impacts of agricultural practices through water quality. add habitat improvement. The objectives of the CREP are to: ( i) provide incentives'for farmers and ranchers to establish riparian buffers; ( ii) protect - . and restore at least 4,000 miles of stream habitat by providing up to 95,000 acres of riparian buffeis; ( i4) restore up to 5,000 acres of wetlands that will benefit salmonids; and ( iv) provide a mechanism for farmers and ranchers to comply with Oregon's ,- Senate Bill 101 0 ( 1 993 Or. Laws, ch. 263). ( b) ODF will work with non- industrial forest landowners to'administer the Stewardship Incentive Program and the Forest Resources Trust programs to protect and restore riparian and wetland areas that benefit salmonids. ( c) The Oregon Board of Forestry will determine, with the assistance of an advisory committee, to what extent changes to forest practices are needed to meet state water quality standards and to protect and restore salmonids. A substantial body of information regarding the effectiveness of current practices is being . developed. This information includes: ( i) the IMST report regarding . the role of forest practices and forest habitat in protecting and restoring salmonids; and ( ii) a series of - monitoring projects that include the Storms of 1996 study, a riparian areas study, a stream temperature study, and a road drainage study. Using this information, as well as other available scientific information including scientific information from NMFS, the advisory committee will make recommendations to the Board at both site and watershed scales on threats to salmonid habitat relating to sediment, water temperature, freshwater habitat needs, roads and fish passage. Based on the advisory committee's recommendations and other scientific information, the Board will make every effort to make its determinations by June 1999. The Board may . . determine that the most effective means of achieving any necessary changes to . - d;.~ .;* i;. z . I:@;.. %- .~ + k forest practices is through regulatory changes, statutory changes or through other programs . including programs to create incentives for forest landowners. In the event that the Board determines that legislative changes. are necessary to carry out its determinations, the Board will transmit any recommendations for such changes to the . Governor and to the Joint Committee at the earliest possible date. ( d) Consistent with administrative rule, and statutory and constitutional mandates for the management of state forests, ODF State Forest management plans will include an aquatic conservation strategy that has a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids on state forest lands. ( e) ODF will present to NMFS a Habitat Conservation Plan ( HCP) under Section 10 of the federal ESA that includes the Clatsop and Tillamook State Forests. ODF has already completed scierkific review and has public review underway for this draft HCP. The scientific and public review comments will be considered by ODF in . . completing the draft HCP. The draft HCP will be presented to NMFS by June 1999. An HCP for the ~ jliotSt tate Forest was approved by the US. Fish & Wildlife Service in 1995. In October af 1997, ODF and DSL forwarded the Elliott State Forest HCP to NMFS with the request that it be reviewed to determine whether it has a high likelihood of protecting and restoring properly functioning aquatic habitat conditions on state forest lands necessary to protect and restore salmonids. Based on discussions surrounding the NMFS review, ODF and DSL will determine what revisions, if any, are required to the Elliott HCP and/ or Forest Management Plan to ensure a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids. ( f) Before the OFWC adopts and implements fishery regulations that may result in taking of coho, ODFW will provide NMFS with'all available scientific information and analyses pertinent to the proposed regulation where the harvest measures are not under the jurisdiction of the PFMC, including results of the Oregon Plan monitoring and evaluation program. This information, together with the proposed regulation and supporting analysis, will be provided at least two weeks prior to the OFWC's action, to give NMFS time to review and comment on the proposed regulations. ( g) ODFW will evaluate the effects of predation on salmonids, and . will . work with . affected federal agencies to determine whether changes to programs and law relating to predation are warranted in order to protect and restore salmonids. P ( h) Under Oregon Senate Bill 101 0 ( 1 993 Or. Laws, ch. 2631, ODA will adopt Agricultural Water Qualify Management Area Plans ( AWQMAPs) for Tier I and Tier ll watersheds by the end of 2002. The AWQMAPs will be designed and implemented to meet load allocations for agriculture needed to achieve state water quality . . standards. In addition, ODA will work with ODFW, DEQ, GWEB, SWCDs, federal . agencies and watershed councils to determine to what extent additional measures related to achieving properly functioning riparian and aquatic habitat on agricultural lands are needed to protect and restore salmonids, giving attention first to priority areas identified in. the Oregon Plan. In the event ODA is unable to reach a consensus regarding such measures, ODA will ask the IMST to review areas of substantive ' scientific disagreement and to'make recommendations to ODA regarding how they should be resolved. In the event that legislative changes are needed to implement such measures, ODA will transmit any recommendations for such changes to. the Governor and to the Joint Committee at the earliest possible date. In addition, any measures identified as rieeded by ODA will be implemented at the earliest practicable time. * . ( i) ODFW will expedite its applications for instream water rights and OWRD will process such applications promptly where flow deficits are identified as adversely affecting salmonids, and where such rights. are not already in place. The Oregon - water Resources Department ( OWRD) and the Oregon Water Resources Commission ( OWRC) will- also seek to facilitate flow restoration targeted to streams identified by OWRD and ODFW as posing the most critical low- flow barriers to salmonids. In addition, where necessary, OWRD will continue to work with the Oregon State Police to provide enforcement of water use. Where illegal water uses are identified, OWRD will ensure outcomes consistent with maintenance and restoration of flows. ( j) The Oregon Environmental Quality commission ( EQC). and DEQ will evaluate and will make every effort to utilize their authorities to continue to provide additional protection to . priority areas ( as determined under section 1 ( f) of this Executive Order), including in- stream flow protection under state law, and antidegradation policy under . the federal Clean Water Act ( including Outstanding Resource Waters designations . and high quality waters designations). . ( k) DSL has proposed to adopt changes to its Essential Salmonid Habitat rules that will provide additional protection for spawning and rearing areas of anadromous salmonids. In addition, ODFW and DSL will consult with the OWRC to determine where it is necessary to administratively close priority areas ( including ' work under General Authorizations) to fill and removal activities in order to protect salmonids. . . DSL, ODFW, ODF and ODA also will work together to identify means of regulating the . uy- w :.-:: st. removal of organic material ( such as large woody debris) from streams where such removal would adversely affect salmonids and would not be contrary to other agency mandates. ( I) DSL will seek the advice of the IMST regarding whether gravel removal affects gravel and/ or sediment budgets in a manner that adversely affects salmonids. ( m) The Department of Land Conservation and ~ e v e l o p r n e n t ' ( ~ ~ acn~ d ) th, e Land Conservation- and Development Commission ( LCDC) will evaluate and, to the extent feasible, speed implementation of existing Goal 5 requirements for riparian corridors. ( n) DLCD, DEQ, ODF, ODA, ODFW, and DSL and their respective boards and commissions will evaluate and implement programs to protect and restore riparian vegetation for the purposes of achieving statewide water quality standards and . . protecting and restoring a aquatic habitat for salmonids. ' ( 0) DLCD, with, the assistance of DSL and ODFW, and in consultation with coastal cities and counties, shall review the requirements of Statewide Planning Goal i 6 as they pertain to estuarine resources important to the restoration of salmonids, and shall, report its findings to LCDC for its consideration. ( p) The Oregon State Police will work to facilitate the existing cooperative relationship with the NMFS Office of ~ a Ewnfo rcement, as well as tomaintain cooperation with other enforcement entities, in order to enhance law enforcement, public awareness and voluntary compliance related to harvest, habitat and other issues addressed in the Oregon Plan. ( q) The Oregon Parks and Recreation Department will continue to work to p. rovide information and education to the public on salmon and steelhead needs through park programs and interpretive aids. ( r) The Oregon Marine Board will work to ensure fish friendly boating and to develop boating facilities that protect salmonids. ( s) State natural resource agencies will continue, to the extent feasible, to support watershed councils by providing technical assistance to develop watershed assessments, restoration plans and to develop watershed priorities to benefit 7- salmonids. In addition, state natural resource agencies will work'on a larger . .:.... watershed scale to develop basin- wide restoration priorities. ( 4) Future Modifications; Public Involvement for the Oregon Plan Generally. The GNRO will solicit public co'mments and input from participants in the Oregon Plan regarding whether there are refinements or changes to the Plan and/ or the organizational framework for implementing the Plan that are necessary or desirable based on the experience gained over the past three years, or resulting from the widespread listings and proposed listings of salmon and trout under the federal ESA. Based on this public involvement, the GNRO will provide a report and recommendations to the Governor and the Joint Committee regarding whether modifications are necessary to the Oregon Plan in order to protect and restore coho and other salmonids. ( 5) Definitions. For purioses'of this Executive Order: . . ( aj The " Oregon Plan" means the Oregon Coastal Salmon Recovery lnitiative, dated March 1991, and the Steelhead. Supplement, dated January 1998. " Oregon Plan," as used in this Order, is intended to be consistent with the definition of the' Oregon Coastal Salmon Recovery lnitiative in Oregon Senate Bill 924 ( 1997 Or. Laws, .- cti. 7), and to include the Healthy Streams Partnership ( 1 993 Or. Laws, ch. 263). -. - ( b) " Protect" has the meaning given in section ( l)( d) of this Executive Order. ( c) " Restore" has the meaning'given in section ( l)( e) of this Executive Order. Restore necessarily includes actions to manage salmonids to provide for adequate escapement levels, and actions to increase the quantity and improve the quality of properly functioning habitat upon which salmonids depend. ( d) " Coho" means native wild coho salmon found in rivers and lakes along the Oregon Coast. ( el " Salmonids" means native wild salmon, char and trout in the State of Oregon. ( 6) Effective Date; Relation to Federal ESA. This Executive Order will take effect on the date that it is filed with the Secretary of State. The State of Oregon will continue to work with NMFS to determine the appropriate relationship between the Oregon Plan and NMFS's efforts under the federal ESA. Done at Salem, Oregon, this $ day of & ~ 4 y , 1999. ha26 . ~ it& er, M. D. Suz adnd .~. ow& end DEPUTY SECR~ ARYOF - STATE Close

• 3. [Image] A review of scientific information on issues related to the use and management of water resources in the Pacific Northwest

  	Abstract Everest, Fred H.; Stouder, Deanna J.; Kakoyannis, Christina; Houston, Laurie; Stankey, George; Kline, Jeffery; Alig, Ralph. 2004. A review of scientific information ...
  	Citation × Citation Citation Abstract Copy Title: A review of scientific information on issues related to the use and management of water resources in the Pacific Northwest Year: 2004 Abstract Everest, Fred H.; Stouder, Deanna J.; Kakoyannis, Christina; Houston, Laurie; Stankey, George; Kline, Jeffery; Alig, Ralph. 2004. A review of scientific information on issues related to the use and management of water resources in the Pacific Northwest. Gen. Tech. Rep. PNW-GTR-595. Portland, OR: U.S. Department of Agriculture, Forest Service, Pacific Northwest Research Station. 128 p. Fresh water is a valuable and essential commodity in the Pacific Northwest States, specifically Oregon, Washington, and Idaho, and one provided abundantly by forested watersheds in the region. The maintenance and growth of industrial, municipal, agricultural, and recreational activities in the region are dependent on adequate and sustainable supplies of fresh water from surface and ground-water sources. Future development, especially in the semiarid intermountain area, depends on the conservation and expansion of the region's water resource. This synthesis reviews the state of our knowledge and condition of water resources in the Pacific Northwest. Keywords: Water distribution, flow regimes, water demand, conflicts, tools, water use. Title: A review of scientific information on issues related to the use and management of water resources in the Pacific Northwest Year: 2004 Abstract Everest, Fred H.; Stouder, Deanna J.; Kakoyannis, Christina; Houston, Laurie; Stankey, George; Kline, Jeffery; Alig, Ralph. 2004. A review of scientific information on issues related to the use and management of water resources in the Pacific Northwest. Gen. Tech. Rep. PNW-GTR-595. Portland, OR: U.S. Department of Agriculture, Forest Service, Pacific Northwest Research Station. 128 p. Fresh water is a valuable and essential commodity in the Pacific Northwest States, specifically Oregon, Washington, and Idaho, and one provided abundantly by forested watersheds in the region. The maintenance and growth of industrial, municipal, agricultural, and recreational activities in the region are dependent on adequate and sustainable supplies of fresh water from surface and ground-water sources. Future development, especially in the semiarid intermountain area, depends on the conservation and expansion of the region's water resource. This synthesis reviews the state of our knowledge and condition of water resources in the Pacific Northwest. Keywords: Water distribution, flow regimes, water demand, conflicts, tools, water use. Close

• 4. [Image] Evaluation of instream fish habitat restoration structures in Klamath River tributaries, 1988/1989

  	Annual Report For Interagency Agreement 14-16-0001-89508 EVALUATION OF INSTREAM FISH HABITAT RESTORATION STRUCTURES IN KLAMATH RIVER TRIBUTARIES 1988/1989 by A.D.Olson and J.R. West USDA-Forest Service, ...
  	Citation × Citation Citation Abstract Copy Title: Evaluation of instream fish habitat restoration structures in Klamath River tributaries, 1988/1989 Author: Olson, A. D. Year: 1989, 2008, 2006 Annual Report For Interagency Agreement 14-16-0001-89508 EVALUATION OF INSTREAM FISH HABITAT RESTORATION STRUCTURES IN KLAMATH RIVER TRIBUTARIES 1988/1989 by A.D.Olson and J.R. West USDA-Forest Service, Klamath National Forest 1312 Fairlane Road, Yreka, CA 96097 ABSTRACT Ten instream fish habitat techniques were evaluated to determine which most effectively restored salmonid spawning and/or rearing conditions. Structure stability was estimated based on how intact each structure remained (by percent) and its age, we then projected useful life for each structure type. Cost in 1989 dollars was used to determine cost per unit habitat area provided. Observed use by spawners was used to estimate total number of redds per structure (over its life). Cost of providing spawning habitat (cost per redd) was calculated by dividing estimated total redds by structure cost. Habitats resulting from instream structures were classified using the modified Bisson method and we determined the influence zone of each structure using physical variables to define habitat area. Structures were biologically sampled using direct underwater observation techniques described by Hankin and Reeves1 (1989). Two person dive teams used a "two-pass" method to enumerate and classify salmonids by species and age-class (0+, 1+ or older juveniles, and adults), noting the presence of other species. Fish use of structure affected habitat (post-modification) was compared to use of habitats like those present prior to structure placement (pre-modification). Comparison of "pre-modification" and "post-modification" fish standing crops resulted in a "net fish difference" which was divided by structure cost, yielding "cost per fish reared11. Boulder weirs, the most expensive structures investigated, did not affect enough surface area to make cost per unit of affected habitat reasonable. Cabled cover logs and digger logs (lowest cost structures) were very cost effective at altering physical habitat condition. We believe cost of physically modifying habitat area is only one factor that is important enough to effect success or failure of a large scale habitat restoration program. Assuming all other factors are of equal weight, lowest cost structures can provide the "best value". Modification prescribed to restore stable spawning habitat needs close scrutiny. We believe it is essential to know how the existing habitat is used by spawners by conducting spawning area use surveys which identify redd location and quantify habitat available during each spawning period. Boulder deflectors were best utilized by Chinook salmon spawners, however chinook spawner use of "traditional" structures (weirs backfilled with gravel) was disappointing. Backfilling of instream structures with suitable gravel is a practice that should be discontinued. Steelhead spawner use of structures which result in "pocket water" type spawning areas were heavily used. This habitat configuration proved most desirable when woody object cover was readily available to the spawners. The highest steelhead spawner use was associated with boulder groups with wood and boulder/rootwad groups. We found rearing structures which provided high habitat and cover diversity received the best response from juvenile fish. We observed fish use over one summer and saw dramatic unpredictable use changes even through this short time period. Fish rearing needs during other seasons may differ substantially from summer needs, therefore, suitability of modified habitat probably also changes. Digger logs, one of the least costly and simplest structures, provided the best increase in fish standing crop (fish/m2) for the lowest cost. We believe digger logs were well used by rearing fish because they are one of the most natural restoration structures investigated. Other structures which were well used (small weirs, deflectors, and boulder groups with attached wood) also seem to closely duplicate naturally productive habitats. Higher velocity habitat types associated with boulder groups with wood, boulder rootwad groups, and boulder deflectors were selected by juvenile steelhead and chinook salmon. Providing overhead cover, especially if it extends into the water where it may also be used as object cover, seemed most valuable for juvenile steelhead and salmon if it was placed in a habitat type which would normally receive high fish use. Placement of object cover in slow velocity areas (pool and glide edges) had questionable value for summer rearing habitat restoration, however we do not know what value these structures may have during colder water high flow periods when fish seek slow velocity, densely-covered habitats. We defined the most cost effective method as one meeting restoration objectives, providing the greatest increase in fish use (per surface area or volume), over the longest time period, for the lowest cost. We rank structures evaluated in this study (from most cost-effective to least cost effective) as follows: Digger Logs, Boulder deflectors, Small Boulder Weirs, Boulder Groups with Woody Cover, Free Boulder Weirs, Large Boulder Weirs, Boulder Groups, Boulder/Rootwad Groups, Boulder/Rootwad Deflectors, Small Boulder Weirs, and Cabled Cover Logs. Title: Evaluation of instream fish habitat restoration structures in Klamath River tributaries, 1988/1989 Author: Olson, A. D. Year: 1989, 2008, 2006 Annual Report For Interagency Agreement 14-16-0001-89508 EVALUATION OF INSTREAM FISH HABITAT RESTORATION STRUCTURES IN KLAMATH RIVER TRIBUTARIES 1988/1989 by A.D.Olson and J.R. West USDA-Forest Service, Klamath National Forest 1312 Fairlane Road, Yreka, CA 96097 ABSTRACT Ten instream fish habitat techniques were evaluated to determine which most effectively restored salmonid spawning and/or rearing conditions. Structure stability was estimated based on how intact each structure remained (by percent) and its age, we then projected useful life for each structure type. Cost in 1989 dollars was used to determine cost per unit habitat area provided. Observed use by spawners was used to estimate total number of redds per structure (over its life). Cost of providing spawning habitat (cost per redd) was calculated by dividing estimated total redds by structure cost. Habitats resulting from instream structures were classified using the modified Bisson method and we determined the influence zone of each structure using physical variables to define habitat area. Structures were biologically sampled using direct underwater observation techniques described by Hankin and Reeves1 (1989). Two person dive teams used a "two-pass" method to enumerate and classify salmonids by species and age-class (0+, 1+ or older juveniles, and adults), noting the presence of other species. Fish use of structure affected habitat (post-modification) was compared to use of habitats like those present prior to structure placement (pre-modification). Comparison of "pre-modification" and "post-modification" fish standing crops resulted in a "net fish difference" which was divided by structure cost, yielding "cost per fish reared11. Boulder weirs, the most expensive structures investigated, did not affect enough surface area to make cost per unit of affected habitat reasonable. Cabled cover logs and digger logs (lowest cost structures) were very cost effective at altering physical habitat condition. We believe cost of physically modifying habitat area is only one factor that is important enough to effect success or failure of a large scale habitat restoration program. Assuming all other factors are of equal weight, lowest cost structures can provide the "best value". Modification prescribed to restore stable spawning habitat needs close scrutiny. We believe it is essential to know how the existing habitat is used by spawners by conducting spawning area use surveys which identify redd location and quantify habitat available during each spawning period. Boulder deflectors were best utilized by Chinook salmon spawners, however chinook spawner use of "traditional" structures (weirs backfilled with gravel) was disappointing. Backfilling of instream structures with suitable gravel is a practice that should be discontinued. Steelhead spawner use of structures which result in "pocket water" type spawning areas were heavily used. This habitat configuration proved most desirable when woody object cover was readily available to the spawners. The highest steelhead spawner use was associated with boulder groups with wood and boulder/rootwad groups. We found rearing structures which provided high habitat and cover diversity received the best response from juvenile fish. We observed fish use over one summer and saw dramatic unpredictable use changes even through this short time period. Fish rearing needs during other seasons may differ substantially from summer needs, therefore, suitability of modified habitat probably also changes. Digger logs, one of the least costly and simplest structures, provided the best increase in fish standing crop (fish/m2) for the lowest cost. We believe digger logs were well used by rearing fish because they are one of the most natural restoration structures investigated. Other structures which were well used (small weirs, deflectors, and boulder groups with attached wood) also seem to closely duplicate naturally productive habitats. Higher velocity habitat types associated with boulder groups with wood, boulder rootwad groups, and boulder deflectors were selected by juvenile steelhead and chinook salmon. Providing overhead cover, especially if it extends into the water where it may also be used as object cover, seemed most valuable for juvenile steelhead and salmon if it was placed in a habitat type which would normally receive high fish use. Placement of object cover in slow velocity areas (pool and glide edges) had questionable value for summer rearing habitat restoration, however we do not know what value these structures may have during colder water high flow periods when fish seek slow velocity, densely-covered habitats. We defined the most cost effective method as one meeting restoration objectives, providing the greatest increase in fish use (per surface area or volume), over the longest time period, for the lowest cost. We rank structures evaluated in this study (from most cost-effective to least cost effective) as follows: Digger Logs, Boulder deflectors, Small Boulder Weirs, Boulder Groups with Woody Cover, Free Boulder Weirs, Large Boulder Weirs, Boulder Groups, Boulder/Rootwad Groups, Boulder/Rootwad Deflectors, Small Boulder Weirs, and Cabled Cover Logs. Close

• 5. [Image] The Water Report - The ESA, salmon, and Western water law

  	Only portions of issues of The Water Report are available in the Klamath Waters Digital Library. See the full report at http://www.thewaterreport.com/.
  	Citation × Citation Citation Abstract Copy Title: The Water Report - The ESA, salmon, and Western water law Author: Envirotech Publications Year: 2004, 2008, 2006 Only portions of issues of The Water Report are available in the Klamath Waters Digital Library. See the full report at http://www.thewaterreport.com/. Title: The Water Report - The ESA, salmon, and Western water law Author: Envirotech Publications Year: 2004, 2008, 2006 Only portions of issues of The Water Report are available in the Klamath Waters Digital Library. See the full report at http://www.thewaterreport.com/. Close

• 6. [Image] Evaluation of interim instream flow needs in the Klamath River : Phase I, final report

  	"August 5, 1999"
  	Citation × Citation Citation Abstract Copy Title: Evaluation of interim instream flow needs in the Klamath River : Phase I, final report Author: United States. Dept. of the Interior Year: 1999, 2005 "August 5, 1999" Title: Evaluation of interim instream flow needs in the Klamath River : Phase I, final report Author: United States. Dept. of the Interior Year: 1999, 2005 "August 5, 1999" Close

• 7. [Image] Evaluation of Interim Instream Flow Needs in the Klamath River Phase II Final Report

  	1 Acknowledgements 2 3 The completion of this work in large part can be attributed to the efforts of the 4 U.S. Fish and Wildlife Service Arcata Field Office staff and in particular to Mr. 5 Thomas Shaw ...
  	Citation × Citation Citation Abstract Copy Title: Evaluation of Interim Instream Flow Needs in the Klamath River Phase II Final Report Author: Hardy, Thomas B; Addley. R. Craig Year: 2001, 2008, 2005 1 Acknowledgements 2 3 The completion of this work in large part can be attributed to the efforts of the 4 U.S. Fish and Wildlife Service Arcata Field Office staff and in particular to Mr. 5 Thomas Shaw for providing much of the supporting site-specific field data, 6 habitat mapping, and fisheries data used in the analyses. The efforts of the 7 various Tribal fisheries personnel were critical in supplying additional fisheries 8 collection data, and intensive site substrate and cover mapping. In particular, the 9 efforts of Tim Hayden, Charlie Chamberlain and Mike Belchik. USGS personnel 10 from the Midcontinent Ecological Science Center also provided valuable 11 assistance and field data used in the cross section based hydraulic and habitat 12 modeling. Mr. Gary Smith and Mike Rode of the California Department of Fish 13 and Game also provided critical information on site-specific habitat suitability 14 criteria and conceptual foundations for the escape cover analysis used in the 15 habitat simulations. Much of this work was also supported by work of Tim 16 Harden (Harden and Associates). The Bureau of Reclamation also provided 17 valuable input during the Phase II study process on Klamath Project operations. 18 A special thanks is also given to Mr. Mike Deas (U.C. Davis) for providing water 19 temperature simulations below Iron Gate Dam. The Technical Team also 20 provided critical input and review of all technical elements of this work as well as 21 providing reviews of the report. Finally, the completion of this work would not 22 have been possible without the tireless efforts of Jennifer Ludlow, Mark 23 Winkelaar, James Shoemaker, Shannon Clemens, Jerilyn Brunson, William 24 Bradford, Sarah Blake, Brandy Blank, Matt Combes, Leon Basdekas, and Aaron 25 Hardy at the Institute for Natural Systems Engineering, Utah State University. 26 27 Executive Summary 28 29 Previous instream flow recommendations developed as part of Phase I (Hardy, 30 1999) recommended interim instream flows in the main stem Klamath River 31 based on analyses of hydrology data. At that time, site-specific data suitable for 32 analysis and evaluation using habitat based modeling were not available. This 33 report details the analytical approach and modeling results from site-specific 34 studies conducted within the main stem Klamath River below Iron Gate Dam 35 downstream to the estuary. Study results are utilized to make revised interim 36 instream flow recommendations necessary to protect the aquatic resources 37 within the main stem Klamath River between Iron Gate and the estuary. This 38 report also makes specific recommendations for future research needs as part of 39 the on-going strategic instream flow studies being undertaken by the U.S. Fish 40 and Wildlife Service and collaborating private, local, state, federal, and tribal 41 entities. 42 43 This report was developed for the Department of the Interior (DOI) who provided 44 access to a technical review team composed of representatives of the U.S. Fish 45 and Wildlife Service, Bureau of Reclamation, Bureau of Indian Affairs, U.S. 46 Geological Survey, and the National Marine Fisheries Service. The technical Draft - Subject to Change 1 review team also included participation by the Yurok, Hoopa Valley, and Karuk 2 Tribes given the Departments trust responsibilities and the California Department 3 of Fish and Game as the state level resource management agency. The 4 technical review team provided invaluable assistance in the review of methods 5 and results used in the analysis, provided comments on draft sections of the 6 report, and provided data and supporting material for use in completion of the 7 Phase II report. In addition, several agencies and private individuals provided 8 written comments on the Preliminary Draft Report, which have been addressed in 9 this report where appropriate. 10 11 This report is organized to follow the general process used to implement the 12 technical studies. It first provides important background information on the 13 historical and current conditions of the anadromous species, highlights factors 14 that have contributed to their decline, provides an overview of the Phase I study 15 process and its principal findings. The report then continues with a description of 16 the Phase II technical study process. Key sections address methods and 17 findings for each technical component such as study design, study site selection, 18 field methods, analytical approaches, summary results, and recommended 19 instream flows. 20 21 The Phase II study relied on state-of-the-art field data collection methodologies 22 and modeling of physical habitat for target species and life stages of anadromous 23 fish. The field methods were directed toward achieving a three-dimensional 24 representation of each study site that incorporated between 0.6 to over one mile 25 of river depending on the specific study site. At each study site, a spatially 26 explicit substrate and vegetation map was developed and then integrated with 27 the three-dimensional channel topography in GIS. Fieldwork also involved 28 collection of hydraulic calibration data and fish observation data. The later 29 information was used in the development of habitat suitability criteria, conceptual 30 habitat model development and implementation, and habitat model validation 31 efforts. 32 33 Hydrology in the main stem Klamath River below Iron Gate Dam was estimated 34 differently for different purposes in Phase II. For example, we used simulated 35 unimpaired inflows (i.e., no depletions) to Upper Klamath Lake routed to Iron 36 Gate Dam with no Klamath Project imposed water demands. This simulated 37 scenario represents the best available estimates of the unimpaired flows below 38 Iron Gate Dam for the purposes of this study. The remaining flow scenarios 39 included the use of Upper Klamath Lake net inflows, historical Klamath Project 40 water demands, and the USFWS Biological Opinion (2000) target Upper Klamath 41 Lake water elevations. These scenarios represent different potential operational 42 flow scenarios as points of reference to the instream flow recommendations 43 developed as part of Phase II. Differences between these simulated flow 44 scenarios required the use of different models and/or modeling assumptions. 45 The assumptions and modeling tools are described in the appropriate technical 46 sections of the report. The estimated hydrology at each study site was used in Draft - Subject to Change 1 both the physical habitat modeling and temperature simulations using the USGS 2 Systems Impact Assessment Model (SIAM) or its components. 3 4 Physical habitat modeling at each study site relied on two-dimensional hydraulic 5 simulations that were coupled to three-dimensional habitat models. The 6 analytical form of the habitat models varied for spawning, fry, and 'juveniles' (i.e., 7 pre-smolts). These modeling results were compared to available 1-dimensional 8 cross section based hydraulic and habitat modeling at study sites that overlapped 9 between existing USFWS/USGS and Phase II studies. 10 11 Habitat suitability criteria for target species and life stages of anadromous fish 12 were developed from site-specific data for Chinook spawning, Chinook fry, and 13 steelhead 1+. These curves were validated both by field observations using the 14 habitat modeling results as well as by comparison to results from an individual 15 based bioenergetics model for drift feeding salmonids developed at USU. A 16 separate procedure was developed to obtain habitat suitability curves for Chinook 17 juvenile (i.e., pre-smolts), steelhead fry, and coho fry based on available 18 literature data. This approach used a systematic process to construct an 19 'envelope' habitat suitability curve that encompassed the available literature 20 curves. The overall process included a validation component that compared the 21 habitat versus discharge relationships between envelope curves to the site- 22 specific curves for Chinook spawning, Chinook fry, and steelhead 1+. The results 23 validated the use of the envelope curves for use as interim criteria pending 24 further research and development of site-specific curves for these species and 25 life stages within the Klamath River. 26 27 Habitat modeling involved the integration of substrate and cover mapping with 28 the three-dimensional topography and hydraulic properties at each study site with 29 the habitat suitability curves. Habitat modeling was undertaken for Chinook 30 spawning, fry, and juveniles, coho fry and juveniles, and steelhead fry and 31 steelhead 1+. Different habitat models were developed for spawning, fry, and 32 juveniles. The study generated a salmonid fry habitat model that incorporated a 33 distance to escape cover that also required sufficient depth within the escape 34 cover in order for it to be utilized at a given flow rate. This model also 35 incorporated quantitative differences in the type of escape cover. 36 37 The habitat modeling results for each species and life stage were validated 38 against the spatial distribution of each species and life stage surveyed at study 39 sites at different flow rates. These results generally demonstrated that the 40 integrated habitat modeling was validated for the study in terms of spawning and 41 fry life stages. Our assessment of the pre-smolt or juvenile life stage results is 42 that they are consistent for the existing habitat model assumptions. However, we 43 discuss what we perceive to be inherent biases in these results (juveniles) based 44 on the existing habitat model structure and make specific recommendations of 45 what additional work would likely improve the results for this particular life stage. 46 Draft - Subject to Change jjj 1 Temperature simulations based on the unimpaired flow regime below Iron Gate 2 Dam were conducted with HEC5Q as part of the SIAM applications. These 3 results supported the findings in Phase I that flows lower than ~ 1000 cfs during 4 the late summer would likely increase the environmental risk to anadromous 5 species due to almost continual exposure to chronic temperature thresholds. We 6 believe that these simulation results show that there is very little flexibility for 7 reservoir operations at Iron Gate Dam to mitigate deleterious flow dependent 8 temperature effects. This finding has previously been reported by the USGS 9 (Bartholow 1995) and Deas (1999). 10 11 The integration of the habitat modeling with the unimpaired hydrology was used 12 to develop habitat reference values for target species and life stages at each 13 study reach on a monthly basis for flow exceedence ranges between 10 and 90 14 percent. The reference habitat value was computed as the percent of maximum 15 habitat associated with the unimpaired flow values for each species and life 16 stage on a monthly basis. This reference habitat value was used as one 'target' 17 condition to guide the selection of monthly flow recommendations at a given 18 exceedence flow level. 19 20 The flow recommendation process also employed a prioritization of species and 21 life stages to be considered within the year and/or within a specific month. The 22 prioritization of life stages was taken from the life history sequence of 23 anadromous species (i.e., spawning, fry, and then juveniles). The initial priority 24 order for species was defined as Chinook, then coho, and finally steelhead. It is 25 stressed that this initial prioritization was used to conceptually simplify the flow 26 recommendation process only, and that all species and life stages were 27 examined as part of the overall analysis. The process then relied on an iterative 28 procedure to select target flows for each month at a given exceedence level. 29 This procedure attempted to pick a target flow that would simultaneously 30 preserve the underlying characteristics of the seasonal unimpaired hydrograph at 31 that exceedence flow, the underlying relationship of the unimpaired hydrograph 32 between all exceedence flow levels, while striving to maximize habitat for the 33 priority species and life stages relative to the unimpaired habitat reference 34 conditions. The corresponding monthly flow rates at each exceedence level 35 were then used to compute the percent of maximum habitat for all other species 36 and life stages in a given month. These values were then compared to their 37 respective unimpaired habitat values to ensure that adequate protection of 38 habitat for non-priority species and life stages remained reasonable. 39 40 The flow recommendations developed in the Iron Gate to Shasta River Reach 41 were 'propagated' downstream to each successive reach by addition of the reach 42 gains as presently defined by the USGS in their MODSIM module of SIAM. It is 43 recognized that these reach gains reflect existing depletions in tributary systems 44 (e.g., Shasta and Scott Rivers) but are the only estimates presently available for 45 use in the simulation models for the system. The flow recommendations for each 46 river reach were then used to compute the percent of maximum habitat on a Draft - Subject to Change 1 monthly basis for each species and life stage. The recommended flow based 2 calculation of percent of maximum habitat for each species and life stage was 3 then compared against the associated unimpaired flow based habitat values. 4 5 Although flow recommendations were developed for the 10 to 90 percent 6 exceedence range (i.e., nine water year types), five water year types were 7 identified representing Critically Dry, Dry, Average, Wet, and Extremely Wet 8 inflow conditions for Upper Klamath Lake. These water year classifications 9 parallel those developed for the Trinity River and were used as operational 10 definitions in the Phase I report. Furthermore, the USBR KPSIM model was 11 modified to use this five-water year type format for simulating operations under 12 different instream flow requirements below Iron Gate Dam. The 90, 70, 50, 30, 13 and 10 percent exceedence flow levels were assigned to each of these water 14 year types, respectively (i.e., critically dry to extremely wet). This assignment 15 was used to demonstrate several key points regarding the use of 16 recommendations at this level of resolution (i.e., five water year types) and how 17 the existing operational models for the Klamath Project simulate flow scenarios. 18 19 These five water year type dependent recommendations were utilized in the U.S. 20 Bureau of Reclamation's Klamath Project Simulation Module (KPSIM) to simulate 21 project operations over the 1961 to 1997 period of record. This analysis 22 confirmed that the project could be operated to achieve these recommendations 23 in all but 19 of the 468 simulated months in this period of record. These results 24 also highlighted that an alternative water year 'classification' strategy for 25 specifying instream flows should be considered in lieu of a five water year type 26 scheme. We provide a specific recommendation of how this could be 27 approached based on the instream flow recommendations developed in Phase II. 28 29 30 Draft - Subject to Change Title: Evaluation of Interim Instream Flow Needs in the Klamath River Phase II Final Report Author: Hardy, Thomas B; Addley. R. Craig Year: 2001, 2008, 2005 1 Acknowledgements 2 3 The completion of this work in large part can be attributed to the efforts of the 4 U.S. Fish and Wildlife Service Arcata Field Office staff and in particular to Mr. 5 Thomas Shaw for providing much of the supporting site-specific field data, 6 habitat mapping, and fisheries data used in the analyses. The efforts of the 7 various Tribal fisheries personnel were critical in supplying additional fisheries 8 collection data, and intensive site substrate and cover mapping. In particular, the 9 efforts of Tim Hayden, Charlie Chamberlain and Mike Belchik. USGS personnel 10 from the Midcontinent Ecological Science Center also provided valuable 11 assistance and field data used in the cross section based hydraulic and habitat 12 modeling. Mr. Gary Smith and Mike Rode of the California Department of Fish 13 and Game also provided critical information on site-specific habitat suitability 14 criteria and conceptual foundations for the escape cover analysis used in the 15 habitat simulations. Much of this work was also supported by work of Tim 16 Harden (Harden and Associates). The Bureau of Reclamation also provided 17 valuable input during the Phase II study process on Klamath Project operations. 18 A special thanks is also given to Mr. Mike Deas (U.C. Davis) for providing water 19 temperature simulations below Iron Gate Dam. The Technical Team also 20 provided critical input and review of all technical elements of this work as well as 21 providing reviews of the report. Finally, the completion of this work would not 22 have been possible without the tireless efforts of Jennifer Ludlow, Mark 23 Winkelaar, James Shoemaker, Shannon Clemens, Jerilyn Brunson, William 24 Bradford, Sarah Blake, Brandy Blank, Matt Combes, Leon Basdekas, and Aaron 25 Hardy at the Institute for Natural Systems Engineering, Utah State University. 26 27 Executive Summary 28 29 Previous instream flow recommendations developed as part of Phase I (Hardy, 30 1999) recommended interim instream flows in the main stem Klamath River 31 based on analyses of hydrology data. At that time, site-specific data suitable for 32 analysis and evaluation using habitat based modeling were not available. This 33 report details the analytical approach and modeling results from site-specific 34 studies conducted within the main stem Klamath River below Iron Gate Dam 35 downstream to the estuary. Study results are utilized to make revised interim 36 instream flow recommendations necessary to protect the aquatic resources 37 within the main stem Klamath River between Iron Gate and the estuary. This 38 report also makes specific recommendations for future research needs as part of 39 the on-going strategic instream flow studies being undertaken by the U.S. Fish 40 and Wildlife Service and collaborating private, local, state, federal, and tribal 41 entities. 42 43 This report was developed for the Department of the Interior (DOI) who provided 44 access to a technical review team composed of representatives of the U.S. Fish 45 and Wildlife Service, Bureau of Reclamation, Bureau of Indian Affairs, U.S. 46 Geological Survey, and the National Marine Fisheries Service. The technical Draft - Subject to Change 1 review team also included participation by the Yurok, Hoopa Valley, and Karuk 2 Tribes given the Departments trust responsibilities and the California Department 3 of Fish and Game as the state level resource management agency. The 4 technical review team provided invaluable assistance in the review of methods 5 and results used in the analysis, provided comments on draft sections of the 6 report, and provided data and supporting material for use in completion of the 7 Phase II report. In addition, several agencies and private individuals provided 8 written comments on the Preliminary Draft Report, which have been addressed in 9 this report where appropriate. 10 11 This report is organized to follow the general process used to implement the 12 technical studies. It first provides important background information on the 13 historical and current conditions of the anadromous species, highlights factors 14 that have contributed to their decline, provides an overview of the Phase I study 15 process and its principal findings. The report then continues with a description of 16 the Phase II technical study process. Key sections address methods and 17 findings for each technical component such as study design, study site selection, 18 field methods, analytical approaches, summary results, and recommended 19 instream flows. 20 21 The Phase II study relied on state-of-the-art field data collection methodologies 22 and modeling of physical habitat for target species and life stages of anadromous 23 fish. The field methods were directed toward achieving a three-dimensional 24 representation of each study site that incorporated between 0.6 to over one mile 25 of river depending on the specific study site. At each study site, a spatially 26 explicit substrate and vegetation map was developed and then integrated with 27 the three-dimensional channel topography in GIS. Fieldwork also involved 28 collection of hydraulic calibration data and fish observation data. The later 29 information was used in the development of habitat suitability criteria, conceptual 30 habitat model development and implementation, and habitat model validation 31 efforts. 32 33 Hydrology in the main stem Klamath River below Iron Gate Dam was estimated 34 differently for different purposes in Phase II. For example, we used simulated 35 unimpaired inflows (i.e., no depletions) to Upper Klamath Lake routed to Iron 36 Gate Dam with no Klamath Project imposed water demands. This simulated 37 scenario represents the best available estimates of the unimpaired flows below 38 Iron Gate Dam for the purposes of this study. The remaining flow scenarios 39 included the use of Upper Klamath Lake net inflows, historical Klamath Project 40 water demands, and the USFWS Biological Opinion (2000) target Upper Klamath 41 Lake water elevations. These scenarios represent different potential operational 42 flow scenarios as points of reference to the instream flow recommendations 43 developed as part of Phase II. Differences between these simulated flow 44 scenarios required the use of different models and/or modeling assumptions. 45 The assumptions and modeling tools are described in the appropriate technical 46 sections of the report. The estimated hydrology at each study site was used in Draft - Subject to Change 1 both the physical habitat modeling and temperature simulations using the USGS 2 Systems Impact Assessment Model (SIAM) or its components. 3 4 Physical habitat modeling at each study site relied on two-dimensional hydraulic 5 simulations that were coupled to three-dimensional habitat models. The 6 analytical form of the habitat models varied for spawning, fry, and 'juveniles' (i.e., 7 pre-smolts). These modeling results were compared to available 1-dimensional 8 cross section based hydraulic and habitat modeling at study sites that overlapped 9 between existing USFWS/USGS and Phase II studies. 10 11 Habitat suitability criteria for target species and life stages of anadromous fish 12 were developed from site-specific data for Chinook spawning, Chinook fry, and 13 steelhead 1+. These curves were validated both by field observations using the 14 habitat modeling results as well as by comparison to results from an individual 15 based bioenergetics model for drift feeding salmonids developed at USU. A 16 separate procedure was developed to obtain habitat suitability curves for Chinook 17 juvenile (i.e., pre-smolts), steelhead fry, and coho fry based on available 18 literature data. This approach used a systematic process to construct an 19 'envelope' habitat suitability curve that encompassed the available literature 20 curves. The overall process included a validation component that compared the 21 habitat versus discharge relationships between envelope curves to the site- 22 specific curves for Chinook spawning, Chinook fry, and steelhead 1+. The results 23 validated the use of the envelope curves for use as interim criteria pending 24 further research and development of site-specific curves for these species and 25 life stages within the Klamath River. 26 27 Habitat modeling involved the integration of substrate and cover mapping with 28 the three-dimensional topography and hydraulic properties at each study site with 29 the habitat suitability curves. Habitat modeling was undertaken for Chinook 30 spawning, fry, and juveniles, coho fry and juveniles, and steelhead fry and 31 steelhead 1+. Different habitat models were developed for spawning, fry, and 32 juveniles. The study generated a salmonid fry habitat model that incorporated a 33 distance to escape cover that also required sufficient depth within the escape 34 cover in order for it to be utilized at a given flow rate. This model also 35 incorporated quantitative differences in the type of escape cover. 36 37 The habitat modeling results for each species and life stage were validated 38 against the spatial distribution of each species and life stage surveyed at study 39 sites at different flow rates. These results generally demonstrated that the 40 integrated habitat modeling was validated for the study in terms of spawning and 41 fry life stages. Our assessment of the pre-smolt or juvenile life stage results is 42 that they are consistent for the existing habitat model assumptions. However, we 43 discuss what we perceive to be inherent biases in these results (juveniles) based 44 on the existing habitat model structure and make specific recommendations of 45 what additional work would likely improve the results for this particular life stage. 46 Draft - Subject to Change jjj 1 Temperature simulations based on the unimpaired flow regime below Iron Gate 2 Dam were conducted with HEC5Q as part of the SIAM applications. These 3 results supported the findings in Phase I that flows lower than ~ 1000 cfs during 4 the late summer would likely increase the environmental risk to anadromous 5 species due to almost continual exposure to chronic temperature thresholds. We 6 believe that these simulation results show that there is very little flexibility for 7 reservoir operations at Iron Gate Dam to mitigate deleterious flow dependent 8 temperature effects. This finding has previously been reported by the USGS 9 (Bartholow 1995) and Deas (1999). 10 11 The integration of the habitat modeling with the unimpaired hydrology was used 12 to develop habitat reference values for target species and life stages at each 13 study reach on a monthly basis for flow exceedence ranges between 10 and 90 14 percent. The reference habitat value was computed as the percent of maximum 15 habitat associated with the unimpaired flow values for each species and life 16 stage on a monthly basis. This reference habitat value was used as one 'target' 17 condition to guide the selection of monthly flow recommendations at a given 18 exceedence flow level. 19 20 The flow recommendation process also employed a prioritization of species and 21 life stages to be considered within the year and/or within a specific month. The 22 prioritization of life stages was taken from the life history sequence of 23 anadromous species (i.e., spawning, fry, and then juveniles). The initial priority 24 order for species was defined as Chinook, then coho, and finally steelhead. It is 25 stressed that this initial prioritization was used to conceptually simplify the flow 26 recommendation process only, and that all species and life stages were 27 examined as part of the overall analysis. The process then relied on an iterative 28 procedure to select target flows for each month at a given exceedence level. 29 This procedure attempted to pick a target flow that would simultaneously 30 preserve the underlying characteristics of the seasonal unimpaired hydrograph at 31 that exceedence flow, the underlying relationship of the unimpaired hydrograph 32 between all exceedence flow levels, while striving to maximize habitat for the 33 priority species and life stages relative to the unimpaired habitat reference 34 conditions. The corresponding monthly flow rates at each exceedence level 35 were then used to compute the percent of maximum habitat for all other species 36 and life stages in a given month. These values were then compared to their 37 respective unimpaired habitat values to ensure that adequate protection of 38 habitat for non-priority species and life stages remained reasonable. 39 40 The flow recommendations developed in the Iron Gate to Shasta River Reach 41 were 'propagated' downstream to each successive reach by addition of the reach 42 gains as presently defined by the USGS in their MODSIM module of SIAM. It is 43 recognized that these reach gains reflect existing depletions in tributary systems 44 (e.g., Shasta and Scott Rivers) but are the only estimates presently available for 45 use in the simulation models for the system. The flow recommendations for each 46 river reach were then used to compute the percent of maximum habitat on a Draft - Subject to Change 1 monthly basis for each species and life stage. The recommended flow based 2 calculation of percent of maximum habitat for each species and life stage was 3 then compared against the associated unimpaired flow based habitat values. 4 5 Although flow recommendations were developed for the 10 to 90 percent 6 exceedence range (i.e., nine water year types), five water year types were 7 identified representing Critically Dry, Dry, Average, Wet, and Extremely Wet 8 inflow conditions for Upper Klamath Lake. These water year classifications 9 parallel those developed for the Trinity River and were used as operational 10 definitions in the Phase I report. Furthermore, the USBR KPSIM model was 11 modified to use this five-water year type format for simulating operations under 12 different instream flow requirements below Iron Gate Dam. The 90, 70, 50, 30, 13 and 10 percent exceedence flow levels were assigned to each of these water 14 year types, respectively (i.e., critically dry to extremely wet). This assignment 15 was used to demonstrate several key points regarding the use of 16 recommendations at this level of resolution (i.e., five water year types) and how 17 the existing operational models for the Klamath Project simulate flow scenarios. 18 19 These five water year type dependent recommendations were utilized in the U.S. 20 Bureau of Reclamation's Klamath Project Simulation Module (KPSIM) to simulate 21 project operations over the 1961 to 1997 period of record. This analysis 22 confirmed that the project could be operated to achieve these recommendations 23 in all but 19 of the 468 simulated months in this period of record. These results 24 also highlighted that an alternative water year 'classification' strategy for 25 specifying instream flows should be considered in lieu of a five water year type 26 scheme. We provide a specific recommendation of how this could be 27 approached based on the instream flow recommendations developed in Phase II. 28 29 30 Draft - Subject to Change Close

• 8. [Image] Issue Backgrounder: Environment and Power: Enhancing our Fish & Wildlife Resources

  	For years, BPA's only job was to market power from the 28 Federal dams on the Columbia River and its tributaries. Now BPA has a new assignment - to restore fish and wildlife damaged by the development ...
  	Citation × Citation Citation Abstract Copy Title: Issue Backgrounder: Environment and Power: Enhancing our Fish & Wildlife Resources Author: Bonneville Power Administration Year: 1984 For years, BPA's only job was to market power from the 28 Federal dams on the Columbia River and its tributaries. Now BPA has a new assignment - to restore fish and wildlife damaged by the development and operation of the hydroelectric system Title: Issue Backgrounder: Environment and Power: Enhancing our Fish & Wildlife Resources Author: Bonneville Power Administration Year: 1984 For years, BPA's only job was to market power from the 28 Federal dams on the Columbia River and its tributaries. Now BPA has a new assignment - to restore fish and wildlife damaged by the development and operation of the hydroelectric system Close

• 9. [Image] Klamath Basin summary of recent federal government activities, March 2003

  	The Department of the Interior, Klamath River Basin Work Plans and Reports
  	Citation × Citation Citation Abstract Copy Title: Klamath Basin summary of recent federal government activities, March 2003 Author: United States. Dept. of the Interior Year: 2003, 2005 The Department of the Interior, Klamath River Basin Work Plans and Reports Title: Klamath Basin summary of recent federal government activities, March 2003 Author: United States. Dept. of the Interior Year: 2003, 2005 The Department of the Interior, Klamath River Basin Work Plans and Reports Close

• 10. [Image] Oregon aquatic habitat restoration and enhancement guide

  	"May 1999"
  	Citation × Citation Citation Abstract Copy Title: Oregon aquatic habitat restoration and enhancement guide Author: Oregon Plan for Salmon and Watersheds Year: 1999, 2005, 2004 "May 1999" Title: Oregon aquatic habitat restoration and enhancement guide Author: Oregon Plan for Salmon and Watersheds Year: 1999, 2005, 2004 "May 1999" Close