[env-trinity] Tribes, feds discussing solution to Klamath River salmon infections- Karuk, Yurok delay filing lawsuit over coho salmon infections

[Tom Stokely]

http://www.times-standard.com/environment-and-nature/20160902/tribes-feds-discussing-solution-to-klamath-river-salmon-infections


Tribes, feds discussing solution to Klamath River salmon infections

Karuk, Yurok delay filing lawsuit over coho salmon infections
By Will Houston, Eureka Times-StandardFriday, September 2, 2016The Karuk and Yurok tribes have decided to hold off on suing two federal agencies over parasite outbreaks on juvenile Klamath River salmon as they discuss possible solutions.The two tribes had given the National Marine Fisheries Service and the U.S. Bureau of Reclamation a 60-day notice in June of its intent to file a lawsuit over alleged Endangered Species Act violations.The tribes claim that the two federal agencies’ management of the river’s flows through dam water releases led to over 90 percent of juvenile coho salmon — a species listed as threatened under the federal Endangered Species Act — became infected by a deadly intestinal parasite in the spring of 2014 and 2015.Karuk Tribe Natural Resources Policy Advocate Craig Tucker said on Friday that the Karuk and Yurok tribes are now working with the two federal agencies to develop a dam release schedule that could prevent future parasite outbreaks.“We think we have the right team of experts with the expertise in both fish pathology and hydrology at the table,” he said. “We’re optimistic we’ll be able to come up with some solution that is reasonable.”The Yurok Tribe relayed similar optimism on Friday.“The tribe hopes to resolve the issue through collaborative technical work with the federal government that will result in improved habitat for salmon,” Yurok Tribe Public Relations Manager Matt Mais said in a statement to the Times-Standard. Should these discussions fail to generate a compromise, Tucker said there is nothing keeping them from moving ahead with the lawsuit.The Hoopa Valley Tribe had already filed an Endangered Species Act lawsuit against the two federal agencies in late July, but the tribe’s Fisheries Director Mike Orcutt states that they plan to reconsult with the agencies.“There is nothing that has precluded us from having those discussions,” Orcutt said. “Once you get to court, the first step the court is going to take is to ask if there is a settlement on the issues and to encourage dialogue. That’s where we’re at.”Three environmental organizations represented by the nonprofit law organization Earthjustice also filed a notice of intent to sue the two agencies in July. While there is still some time left before the notice period is over, Earthjustice managing attorney Patti Goldman said they are also waiting to see what the discussions generate before filing their lawsuit.“We’re hoping that the work being done by the tribes and federal agencies will lead to a revamping for how the water management will be handled next spring,” she said.The various legal actions were sparked by a letter that the National Marine Fisheries Services sent to the Bureau of Reclamation in March, which stated that the high parasite infection rate of coho salmon is “expected” during dry years and therefore does not require an immediate change in river management.The tribes claim this is a clear violation of a 2013 biological opinion created by the National Marine Fisheries Service which currently allows up to 49 percent of juvenile coho salmon in the Klamath River to be infected by the parasite as a result of the bureau’s dam operations. If the infection rates climb above 49 percent, the Bureau of Reclamation is obligated to consult with the National Marine Fisheries Service to discuss possible changes of dam operations. The National Marine Fisheries Service’s March letter states that it plans to change its 2013 biological opinion before April 2017, specifically revising how many salmon would be allowed to be harmed or killed by the parasite in these drier, low-flow years.Tucker said that these lawsuits are part of the fallout of Congress’ inaction on a plan that proposes to remove four Klamath River dams to restore fish habitat and improve water quality. The dam removal plan, known as the Klamath Hydroelectric Settlement Agreement, is now set to go before another federal agency for consideration later this year. “We predicted that if Congress fell back last year that we would slowly slide back into this ‘community suing community’ strategy of problem solving,” Tucker said. “It’s really unfortunate that these communities worked really hard over a number of years to find a solution and Congress couldn’t bother to enact it.”Will Houston can be reached at 707-441-0504.
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