INVITED TESTIMONY TO THE UNITED STATES SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON 1996 AMENDMENT TO THE NORTHWEST POWER PLANNING ACT ON SCIENTIFIC ACCOUNTABILITY OF THE COLUMBIA RIVER SALMON RECOVERY PROGRAM By Bill M. Bakke, Director Native Fish Society February 17, 1998 ______________________________________________________________________________ My name is Bill M. Bakke, Director of the Native Fish Society, a regional conservation organization. The mission of the Native Fish Society is to protect and rebuild native, wild fish populations in the Northwest and their habitats. I have been invited to share my views on the 1996 amendment to the N.W. Power Planning Act requiring scientific accountability and peer review of projects funded by the Bonneville Power Administration's annual fish and wildlife budget. I have been involved in the development of the Columbia River fish and wildlife program (FWP) since the passage of the Power Planning Act in 1980. In this testimony I provide the Senate Committee on Energy and Natural Resources with my assessment of the FWP, the 1996 amendment implementation, and make recommendations for Congressional changes to provide additional needed oversight of Columbia River salmonid recovery efforts. Introduction: The fish and wildlife agencies and tribes have a conflict of interest in the development, prioritization and approval of projects to be funded by the BPA. As long as these agencies continue to control what projects get funded, the decline and extinction of native salmon and steelhead runs will continue. The track record of these agencies is a matter of record, and billions of dollars in public funding has failed to reverse the decline and extinction of these fish. The failure has been due to these agencies being unable to agree among themselves about how to restore the salmon at the subbasin level, the emphasis on hatchery replacement of wild salmonids in the basin, and the lack of a unified goal among the agencies to develop the necessary recovery actions to maintain the biological diversity and fitness of the basin's salmonids. The only remedy is for Congress to remove language in the Power Act that requires fish measures to be consistent with the programs of the fish agencies and replace that language with a requirement that fish and wildlife measures must be consistent with independent scientific review and sound scientific principles of conservation biology. The 1996 Amendment, An Unqualified Success: The 1996 Amendment to the N.W. Power Planning Act is a breath of fresh air. It is the basis for making funding commitments consistent with science. The 1996 Amendment put into place an independent scientific review of fish agency projects and this is the only way that the fish and wildlife program could be turned around from a politically driven to a science driven project approval process that decides how the money is distributed by the fish agencies and tribes. The peer review of projects called for in the amendment was not successfully completed in 1997 and 1998 due to the large number of projects and the compressed timeframe for review. More importantly, projects did not lend themselves to scientific review. The new project applications for 1999 have been designed to promote scientific review. The 1998 watershed and hatchery projects are being reviewed by the Independent Scientific Review Panel. The watershed projects advanced by the fish agencies and tribes needed clear criteria before they could be funded. The hatchery projects, including new hatchery development, hatchery supplementation, and captive brood projects were the subject of a comprehensive review conducted by the fish agencies and tribes through the Columbia Basin Fish and Wildlife Authority. This review took five years and cost nearly $2 million, but was rejected by extensive scientific and public review at the draft stage. Because this hatchery review by the fish agencies failed, a comprehensive review is needed to justify continued funding of the proposed hatchery program. The hatchery program has consumed 40-43 % of the fish and wildlife program budget, and is the single largest funding category in the entire program, but the effect of hatcheries upon the natural ecosystem has not been evaluated in over 120 years of operation. Yet the fish agencies and tribes continue to advance the hatchery solution to declining salmon runs. The recommendation, therefore, by the Independent Scientific Review Panel to conduct a comprehensive review of hatcheries and the Power Planning Council's temporary suspension of funding for hatcheries until the review is completed is justified. The peer review process is working well, and it is clear that without the 1996 amendment, improvements in science and evaluation of the Fish and Wildlife Program would not be taking place. The proof will be in what ultimately gets funded. Given the resistance to scientific peer review by the fish agencies and tribes, and legal action against the N.W. Power Planning Council by the tribes over project funding, the Council will need the full support of Congress to actually improve the future outcome of the Fish and Wildlife Program. Recommendations for Change: 1. Remove the consistency language in the N.W. Power Planning Act where projects have to be consistent with fish agency programs and replace it with language that requires projects to be consistent with scientific principles and approved by independent scientific evaluation. 2. Change the N.W. Power Planning Act to include representation by the tribes and the federal government and expand the mandate of the Power Planning Council to deal with planning recovery measures for salmonids beyond the impact of the federal power system. This would allow the existing institutional structure to continue solving salmon problems rather than reinventing this process through the Three Sovereigns Process. The Three Sovereigns Process is duplicative and will result in unnecessary delay with more money being spent on expensive non-solutions. 3. Congress has called for a independent scientific review of the salmon hatchery program. This review must be completed. This should include all hatcheries and it should involve a thorough economic evaluation. The economic evaluation should focus on the cost per hatchery adult salmonid produced compared to the benefit to the fisherman. Also, the hatchery program should be evaluated for its ability to produce a product that is competitive in the world market where the price for salmon is controlled by international salmon farming. 4. Congress should provide independent scientific review of the Columbia River Fish Management Plan, a court ordered plan to provide a fair and equitable sharing of fish harvests and to rebuild the runs. This plan went into effect in 1987 and has failed to lay the groundwork needed to rebuild the runs, even though the harvest allocation questions were resolved. This process has been captured by the fish agencies and tribes and is subject to the same failures as the Fish and Wildlife Program if it remains under full control by the fish agencies and tribes. At this time the Columbia River Fish Management Plan and the Council's Fish and Wildlife Program are in conflict because the fish agencies and tribes cannot agree on a salmon rebuilding strategy. 5. Open the Fish and Wildlife Program to ideas and talent outside the fish agencies and tribes to help solve problems of salmon recovery. Allow outsiders to propose projects that are judged on their merits through independent scientific evaluation rather than by the self-serving and politically charged selection process used by the fish agencies and tribes. 6. Congress should make all federal hatcheries comply with the National Environmental Policy Act. At this time federal hatcheries are categorically excluded under NEPA. Federal hatcheries should be subject to a permit process that provides for periodic public and scientific review of each hatchery program, so that the federal hatchery program is consistent with new scientific information and are in fact serving the public's interest in salmon conservation. 7. Congress should use the hatchery permit system to justify the annual funding of federal supported hatchery programs rather than rely upon the annual lobby from the fish agencies and tribes as justification for funding. Since federal hatchery funding constitutes a major source of funding for fish agencies and tribes, they have a strong financial interest in annual hatchery funding. 8. Congress should amend the N.W. Power Planning Act to create Salmon Conservation Zones based on independent scientific evaluation. This amendment would require the Power Planning Council and the Bonneville Power Administration to identify and fund a systemwide conservation strategy for salmon based on a description of salmonid biological diversity. This strategy would be used to develop a cooperative management plan among the states, tribes and federal agencies that would (1) describe the salmonid biological diversity in each subbasin, (2) set subbasin production goals by subbasin that harvest management and hatchery operations must be consistent with, (3) establish spawner abundance objectives by subbasin, (4) define and resolve factors limiting production by subbasin to achieve production goals, (5) combine subbasins into a network of Salmon Conservation Zones based on biological diversity, and (6) link these Salmon Conservation Zones into a basin-wide salmon management and recovery program. This would target funding so that there is an effective response to problems that under the current program cannot be achieved due to numerous institutional and funding barriers.