Endangered Species Act and Legal Issues Regarding Columbia Basin Salmon and Steelhead (RL34453) / Nic Lane, Kristina Alexander, Eugene H. Buck.

Format:

Book

Author/Creator:

Lane, Nic, author.

Buck, Eugene H., author.

Alexander, Kristina, author.

Language:

English

Subjects (All):

Endangered species--United States.

Endangered species.

Physical Description:

1 online resource (18 pages)

Place of Publication:

Washington, D.C. : Congressional Research Service, 2008.

Summary:

The construction and operation of the Federal Columbia River Power System (FCRPS) have reduced salmon and steelhead populations in the Columbia Basin. In 1991 the Snake River sockeye became the first Pacific salmon stock listed under the Endangered Species Act. Since then, operations of the FCRPS have had to be considered in the context of the ESA. This means that federal operators of the dams, the Bureau of Reclamation, the Bonneville Power Administration, and the Army Corps of Engineers farther upriver are required to consult with the National Marine Fisheries Service (NMFS) on how federal actions may impact species. At the end of the consultation, NMFS issues a biological opinion (BiOp) as to whether the action would jeopardize the continued existence of a species. As part of the consultation process, mitigation measures are recommended by NMFS to avoid harm to listed species. Protective measures for fish often come at a cost in terms of energy generation or irrigation supply, and this conflict between natural resources and energy production and irrigation is at the heart of Columbia Basin conflict. Beginning in 1992, a series of BiOps were issued by NMFS. Courts have found almost all of them inconsistent with the ESA. The 2005 BiOp was remanded to NMFS with the final, updated BiOp released in May 2008. The district court that made the remand indicated that if the final document does not meet ESA standards, the court may vacate the BiOp. This step would mean that FCRPS was not operating in compliance with the ESA, and any harm to a listed species would be an unauthorized "take." The Bonneville Power Administration has offered nearly $1 billion to four Indian tribes to resolve the litigation. However, states, environmental groups, and fishing interests, who also have acted as plaintiffs, were not included in the settlement.

Notes:

Description based on online resource; title from PDF title page (Congressional Research Service, viewed June 9, 2023).