DISPOSITION OF 2024_SORs

D2024-FWS#1   D2024-01   D2024-C1   D2024-C2  

 

D2024-FWS#1   Top of Page
07-May-2024 2024-FWS#1 Lisa Ellis, State Supervisor, U.S. Fish and Wildlife Service, Idaho Fishand Wildlife Office, on behalf of the Libby Biological Opinion Policy Group 2024 Libby Dam Releases for Sturgeon and Bull Trout Flows
1. SOR Request SPECIFICATIONS:
Based on the U.S. Fish and Wildlife Service’s (Service) July 24, 2020, Biological Opinion on Columbia River System Operations and Maintenance, and the U.S. Army Corps of Engineers (Corps) May final April-August volume runoff forecast of 5.13 million acre-feet (MAF) (Flow Plan Implementation Protocol Technical Team - Final Flow Plan for 2024 Sturgeon Operations at Libby Dam, dated May 7, 2024, we are within a Tier 2 operations year for Kootenai River white sturgeon. The minimum recommended release volume for sturgeon conservation in a Tier 2 year is .80 MAF and we recommend the following procedures for discharge of at least this minimum volume from Libby Dam.

The precise means that will be utilized to meet these objectives are dependent on realtime conditions and in-season water management. Given these uncertainties, the Technical Team has developed the following guidelines for sturgeon operations in 2024:

• The 2024 sturgeon flow augmentation operation at Libby Dam will begin between May 14 and May 21, based on real-time river stage and tributary discharge projections at the week of May 6. The exact date of commencement, as well as the total number of days at peak discharge and exact shape of the post-peak discharge hydrograph, will depend on real time conditions and the shape of the inflow hydrographs.

• The augmentation operation will consist of a period of increasing dam outflows (pre-peak) from VARQ flow of ~13,300 cfs to 25,000 cfs (powerhouse capacity) over 2-3 days following BiOp ramping rates, a period of powerhouse capacity (peak) flows for ~ 16 days, and a period of decreasing flows (post-peak) from 25,000 cfs to ~ 9-11,000 cfs, the summer “flat flow” (7,000 cfs is the minimum bull trout flow for Tier 2) following BiOp ramping rates over ~ 5 days (Figure 3). After the sturgeon volume has been exhausted, Libby Dam discharge will be shaped to provide a steady to declining river hydrograph while achieving reservoir refill and the end-of-September reservoir elevation target (2,449’ MSL for the May 2024 WSF).

JUSTIFICATION:
The objective of the 2024 sturgeon flow augmentation operation in this SOR is to provide a period of peak river stage/flow during the spring freshet, and to concurrently provide a stable to rising thermograph in the river as the operation concludes. The peak Libby Dam discharge (25,000 cfs), timed to coincide with peak downstream tributary (local) run-off, is intended to provide: 1) cues for sturgeon to migrate further upstream from their staging areas, and then cues to spawn on the descending limb of the hydrograph (receding flow, warming water), with the overall goal of providing conditions that will enhance the likelihood for sturgeon to migrate to, and spawn over, rocky substrates that exist upstream of Bonners Ferry; and 2), connectivity to the floodplain, and partial inundation of, Nimz Ranch, an off-channel Kootenai Tribe of Idaho-owned habitat downstream of Shorty’s Island, for the purposes of allowing for spatially and temporally normative ecological processes in support of primary and secondary productivity for larval sturgeon and other species.

The operating parameters outlined in this SOR are intended to provide guidance on how to provide optimal conditions for Kootenai sturgeon migration, spawning, incubation, and rearing. Previous years’ operations have shown that conditions at Libby Dam and in the Kootenai River basin can change rapidly. Recognizing this, the exact shape of the operation will need to be developed and modified in-season as more is known. The in- season coordination will occur via the Kootenai River Sturgeon Flow Plan Implementation Protocol Team with a final recommendation coordinated through the Action Agencies and the Technical Management Team.
2. Requester(s) U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office, on behalf of the Libby Biological Opinion Policy Group
3. TMT Recommendation May 08, 2024, TMT Meeting.

Leon Basdekas and Greg Hoffman Corps, presented on the Corps’ 2024 Libby Dam Sturgeon Operations (posted to the TMT website). Spring refill at the project began on May 1. In summary, sturgeon augmentation flow was modeled to start on May 18, ramping up project discharges to around 25 kcfs (powerhouse capacity). The powerhouse pulse discharge will continue for approximately 17 days, followed by a quick recession to an approximate flat-to-descending summer flow (decreasing to summer flat flow following BiOp ramping rates). Operations will target to maintain Bonners Ferry at or above 30 kcfs for around 18 days. The Lake Koocanusa end of September target is 2,449 feet, depending on inflows. It was noted that in-season management and observed inflows may cause values to change. Montana, Washington, and NOAA noted appreciation for the response and coordination from water managers towards sturgeon recovery and the clarity of the goals and objectives downstream. The Corps is looking at their refill curve and will try to tag on to the peak of the local freshet.

SOR FWS #1, 2024 Libby Dam Releases for Sturgeon and Bull Trout Flows, was provided to the TMT by Ahren Ramirez, USFWS. The SOR was written by USFWS based on recommendations provided by the BiOp-appointed, multi-entity Flow Plan Implementation Protocol Team, led by the Corps and BPA. TMT Members were polled on the SOR as written:

o NOAA = Support. NOAA appreciated efforts to support resident fish needs, including sturgeon spawning in the Kootenai; they looked forward to the continued collaboration and hoped to see continued positive results from the operations

o OR = No Objection. OR appreciated the information sharing, conversation, and coordination efforts for this longstanding operation.

o WA = Support. WA echoed NOAA and OR, and appreciated the work being done.

o Confederated Tribes of the Colville Reservation = Support. CTCR echoed appreciation for the work being done for fish and appreciated the positive results.

o Confederated Tribes of the Umatilla Indian Reservation = No Objection. No additional comments.

o Yakama Nation = Support. No additional comments

o Reclamation = Support. No additional comments

o Corps = Support. USACE reiterated their support for ongoing efforts for sturgeon; Leon noted appreciation for the time and efforts into this operation and Greg noted appreciation from the support expressed today by TMT Members.

o USFWS = Support. USFWS appreciated the regional support for this operation; they looked forward to the results and were hopeful for the future.

o ID = Support. No additional comments.

o MT = Support. No additional comments.

o Nez Perce Tribe = Support. No additional comments.

o Confederated Salish and Kootenai Tribes = Support. CSKT echoed MT’s initial comments, noting that the positivity towards operation outcomes was exciting.

o BPA = Support. No additional comments.

The Kootenai Tribe of Idaho, Spokane Tribe of Indians, and the Confederated Tribes of Warm Springs were not present to register a polling response.

Action Agency Implementation

The Corps will implement the planned operation for Libby Dam releases for sturgeon and bull trout flows, as outlined in the presentation (posted to the TMT website). They will provide project operation updates during Operations Review at TMT. Greg noted that they will decide on the start date very soon.
4. AA decision May 08, 2024, TMT Meeting.

The Corps will implement the planned operation for Libby Dam releases for sturgeon and bull trout flows, as outlined in the presentation (posted to the TMT website). They will provide project operation updates during Operations Review at TMT. Greg noted that they will decide on the start date very soon.  
5. Actual Implemented Operation July 17, 2024, TMT Meeting.

Leon Basdekas, Corps, provided an in-depth update for operations at LIB. Presentation slides are posted to the TMT website. Lake Koocanusa is expected to reach peak elevation of around 2,456.3 feet around July 21. The approximate flow schedule is as follows: 13 kcfs through July 25, 11 kcfs through August 7, 9 kcfs through August 31, and 8 kcfs through September. Leon noted that the Corps will adjust to real time conditions with more or less water than is currently forecast to best meet the end of September target of 2,449 feet.
6. If different from AA decision, why?  

 

D2024-1   Top of Page
16-May-2024 2024-1 Jonathan Ebel (Idaho Department of Fish and Game) Cease smolt transportation at Lower Monumental Dam in 2024
1. SOR Request SPECIFICATIONS:
Suspend barge transportation from Lower Monumental Dam for the remainder of 2024 to decrease within day variation in outflow at Lower Monumental and Ice Harbor Dams and stabilize reservoir dynamics of the Lower Monumental pool.

JUSTIFICATION:
Juvenile transport at Lower Monumental Dam (LMN) requires the barge to transit the tailrace to approach the juvenile fish facility. As a result, the USACE curtails spill for safety reasons for approximately four hours (typically 1900 to 2300h) on days when fish are being transported. Operations to the 125% TDG gas cap for 24 hours per day at present river discharge has resulted in a “minimum generation – spill the rest” situation where project outflow is rapidly changed before/after the barge transits the tailrace by reducing/increasing spill while maintaining minimum generation. LMN outflow during the evening barge transit changed more than 50% over a few hours each day from 25 Apr – 03 May (range approximately 35 - 90kcfs; Figure 1 middle panel).

Rapid changes in flow are translating to a similar outflow pattern at Ice Harbor Dam (IHR; Figure 1). Rapid changes in flow results in drastic changes in tailrace conditions because total outflow is determined by spill volume under minimum generation conditions (i.e., a 60 kcfs change in outflow over a short period corresponds to a 60 kcfs change in spill volume). Stabilizing inflow to Ice Harbor would stabilize tailrace conditions by reducing the rate of change in spill volume and provide for better adult passage conditions at Ice Harbor Dam.

The substantial changes in outflow from Lower Monumental Dam has impacts both upstream to the Little Goose Dam tailwater and downstream to the confluence of the Columbia and Snake Rivers which may negatively impact both adult Chinook salmon passage and juvenile salmon and steelhead migrants.
2. Requester(s) Idaho Department of Fish and Game, Nez Perce Tribe, Yakama Nation, Columbia River Inter-Tribal Fish Commission, Washington Department of Fish and Wildlife, Oregon Department of Fish and Wildlife
3. TMT Recommendation May 17, 2024, TMT Meeting.

System Operational Request #2024-1 – Jonathan Ebel, ID, presented SOR #2024-1, on behalf of IDFG, CRITFC, Nez Perce Tribe, ODFW, WDFW, and Yakama Nation. The SOR requests the suspension of smolt barge transportation from Lower Monumental Dam for the remainder of the 2024 transport season to decrease within-day variation in outflow at Lower Monumental and Ice Harbor Dams, and to stabilize reservoir dynamics of the Lower Monumental pool. Jonathan added that the intention of the SOR is to support conditions for in-river migrants.

Jonathan emphasized the unique situation at Lower Monumental (LMN), it being the only dam of the collector projects that requires an operational change to load transport barges. He highlighted the negative impacts of flow fluctuations caused by the current operation, and from the SOR group’s perspective, the observed negligible benefits of transportation from LMN for yearling Chinook and steelhead. Jay Hesse, Nez Perce, added that the transport operation is currently scheduled through June 20 and planned for every other day transport.

Chris Peery, Corps, agreed that significant flow fluctuations are detrimental to fish, and the Corps would like to have operations that don’t cause significant fluctuations in flow and reservoir levels. Possible actions could include shutting down spill for the 15-20 minutes that the barge transits to and from the loading dock and resuming spill while the barge is being loaded (previously, spill was curtailed for a 3- hour period during transfer and loading). Increasing generation at LMN during the transfer and loading in is another way to limit flow fluctuations and pooling; BPA confirmed that increasing generation at LMN is an option from their perspective and operations.

TMT Members were polled on the SOR as written:

o NOAA = Object. NOAA emphasized how complicated, data-heavy, and multifaceted this issue is; while they appreciated the conversation that has been started, it requires additional in-depth conversation and analyses. From NMFS’ perspective, there are survival benefits to transportation at Lower Monumental Dam. While they recognize those benefits vary across species, the best available science suggests that halting transportation for 2024 would likely result in fewer returning spring Chinook and steelhead adults in subsequent years. NOAA emphasized the benefits of transportation for wild stocks, specifically wild steelhead, which remain a significant management concern. NOAA also emphasized that the survival benefits of transportation are greater in low flow years like this year. The SOR assumes flow patterns observed earlier in the season will resume at equal magnitude and duration, while NMFS understands that the fish transport barge only requires spill reductions during active tailrace traverse and the Corps will only shut down spill during this period. The reduced time of spill reduction, as well as the impending shift to every other day transport, suggests that flow fluctuations for barge transport will not be equivalent in magnitude and duration as they were earlier in the season. NOAA suggested working to understand the true implications with the available options; they believe this issue would be more holistically addressed in an off-season technical working group.

o OR = Support. OR supported the SOR because it provides the regionally supported alternative recently used for stabilizing migration conditions, while maintaining the broad intent of the USG commitments to stay the litigation on this issue.

o WA = Support. WA appreciated NOAA’s comments and the efforts from Action Agencies to diminish flow fluctuations. WA noted survival data from this year that show very different passage patterns from years past. Analyses suggest that peak passage for hatchery and wild migrants has passed, so for WA, priority concern has shifted to avoiding impacts to sockeye and sub-yearling Chinook. WA agreed that this is a data-rich, multifaceted issue that needs more discussion, and from their perspective, in the near-term there is a greater benefit to ceasing transportation.

o Yakama Nation = Support. Yakama Nation agreed that flow fluctuations degrade in-river conditions and are problematic for both migrating juveniles and adults. Given that most steelhead have passed already, and that sockeye and sub-yearlings don’t fare as well in barges, Yakama Nation thinks that ceasing transport is the most prudent option. They agreed with OR that the SOR is consistent with the USG commitments. Using generation to offset flow fluctuations would likely not be an agreeable alternative from their perspective, and more discussion is needed on how to address this issue in the future.

o Reclamation = Objects. No additional comments.

o Corps = Objects. The Corps continued to support the transportation program and the benefits associated as identified previously by NOAA. They acknowledged the perspectives stated and noted they would be open to continuing dialogue on this issue in the future. The lack of consensus on the SOR factored into the Corps’ objection.

o ID = Support. ID will continue to engage on this issue and analyze the data. They disagreed with NMFS’ assessment and requested more data to support their argument. They reiterated that continuing transport this year might have a negligible benefit for wild steelhead, however, they think that it will have a negative impact on sockeye and fall Chinook. From IDFG’s perspective, NOAA’s concept of “best available science” is not accurate/wide enough. They view this as the start of a long-term conversation in balancing transport and mitigation actions versus the current operational regime, to solve the issue more efficiently for fish.

o Nez Perce Tribe = Support. The Nez Perce Tribe voiced that they have been consistent in pursuing operations that minimize within-day flow fluctuations and this SOR is consistent with that position in strategic and inseason operations. The Tribe’s motivation in engaging this SOR is to maintain adult passage with minimal delays. The data available demonstrate that current conditions with stable flows provides stable passage for adults through the system from McNary past Lower Granite Dam. Uncertainty remains around the proposed modifications for shortening spill; the operation will still result in changing hydrodynamics in forebays and tailraces as well as some flow fluctuation that is not optimal for adults and juveniles moving in the river. The Tribe appreciated NOAA’s perspective but also did not agree with their concept of “best available science;” this is not viewed as the full picture by the Tribe. They reiterated that this is a complex application and in-season decision that is unique with multi-species impacts. They view this issue as an in-season adaptive management opportunity to apply multi-year data to current conditions and will remain fully engaged in long-term discussion for future applications once this spring migration season concludes.

o BPA = Object. BPA supported NOAA’s considerations regarding transportation and is open to future conversations on this issue. They found it curious that this issue has come up considering the operation has been implemented for 15 years and has been included in every FOP since 2009. Any new information can be discussed moving forward.

o The Kootenai Tribe of Idaho, Confederated Tribes of the Colville Reservation, Confederated Tribes of the Umatilla Indian Reservation, USFWS, Montana, Spokane Tribe of Indians, Confederated Tribes of Warm Springs, and the Confederated Salish and Kootenai Tribes were not present to register a polling response.

Action Agency Implementation Doug noted that the Corps will not be implementing the SOR. Transportation at Lower Monumental will resume on Saturday May 18, continuing every other day through June 20. The Action Agencies considered alternative methods to decrease within-day variation in outflow and reservoir elevations and will use increased generation and resume spill during the barge loading period. Chris added that by using spill and generation during this process, MOP adjustments at Lower Monumental and Ice Harbor dams will be minimized, if not avoided altogether.

In response to queries, the Corps clarified that the full duration of ramp up/down during barge transit across the tailrace would be several minutes in addition to the 15-20 minutes of barge transit time. When the barge is traversing, spill will not occur, and using generation will minimize “bounce” in the Lower Monumental forebay; there will be a short duration increase in generation, and spill will be resumed while the barge is loading. BPA clarified that almost all projects are on minimum generation spill the rest; the only places where adjustments would affect flow is at a percentage spill operation. Tony noted that the increase in generation is not a power benefit, and is not something that is marketed, it is a brief adjustment in the system and generation will be decreased at another project during that time. The timing of operations will continue as planned and moving it earlier in the day could be something to explore in the future.

ACTION: Idaho and the Nez Perce Tribe will elevate the AA’s decision to RIOG; Oregon, Washington, and Yakama Nation signaled support for the elevation

Idaho reiterated that with transport resuming on May 18, juvenile sockeye will be arriving in large numbers and will be going through the lower Snake River projects in the next week. Transporting them on barges has a negative effect, and ID believes that fewer sockeye adults returning will result from this decision. In response to a query about response to potential adult delay, NOAA noted that more internal discussion and analysis is needed, as well as consideration at the RIOG/policy level. They acknowledged the concerns expressed and emphasized that it would be most effective to continue the discussion in an off-season technical work group to understand all the implications for transportation at Lower Monumental. WA appreciated the acknowledgement of concerns, and noted from a fish managers’ perspective, this seems like a missed opportunity to cease an operation that has significant uncertainty; they were disappointed, noting that from WA’s perspective, the biological impacts are set aside in this operation.
4. AA Decision May 17, 2024, TMT Meeting.

Action Agency Implementation

The Corps noted that the Corps will not be implementing the SOR. Transportation at Lower Monumental will resume on Saturday May 18, continuing every other day through June 20. The Action Agencies considered alternative methods to decrease within-day variation in outflow and reservoir elevations and will use increased generation and resume spill during the barge loading period. Chris added that by using spill and generation during this process, MOP adjustments at Lower Monumental and Ice Harbor dams will be minimized, if not avoided altogether.

In response to queries, the Corps clarified that the full duration of ramp up/down during barge transit across the tailrace would be several minutes in addition to the 15-20 minutes of barge transit time. When the barge is traversing, spill will not occur, and using generation will minimize “bounce” in the Lower Monumental forebay; there will be a short duration increase in generation, and spill will be resumed while the barge is loading. BPA clarified that almost all projects are on minimum generation spill the rest; the only places where adjustments would affect flow is at a percentage spill operation. Tony noted that the increase in generation is not a power benefit, and is not something that is marketed, it is a brief adjustment in the system and generation will be decreased at another project during that time. The timing of operations will continue as planned and moving it earlier in the day could be something to explore in the future.

ACTION: Idaho and the Nez Perce Tribe will elevate the AA’s decision to RIOG; Oregon, Washington, and Yakama Nation signaled support for the elevation  
5. Actual Implemented Operation May 17, 2024, TMT Meeting.

Action Agency Implementation

The Corps noted that the Corps will not be implementing the SOR. Transportation at Lower Monumental will resume on Saturday May 18, continuing every other day through June 20. The Action Agencies considered alternative methods to decrease within-day variation in outflow and reservoir elevations and will use increased generation and resume spill during the barge loading period. Chris added that by using spill and generation during this process, MOP adjustments at Lower Monumental and Ice Harbor dams will be minimized, if not avoided altogether.
6. If different from AA decision, why?  

 

D2024-C1   Top of Page
07-June-2024 2024-C1 Aja K. DeCoteau, Executive Director, CRITFC Operation of the Lower Columbia Pools for the summer 2024 Treaty Fishery
1. SOR Request The Columbia River Inter-Tribal Fish Commission (CRITFC), on behalf of its member tribes, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Confederated Tribes and Bands of the Yakama Nation, requests the following (Zone 6) reservoir operations (BON to MCN dams) during the summer-season 2024 treaty fishery. This effort supports the 2024 ceremonial, subsistence, and commercial treaty fishery times as set by the tribes and the Columbia River Compact (see additional attachment).

SPECIFICATIONS:
Implement the following pool operations, as follows:

Monday, June 17, 2024, 6 am, through Wednesday, June 19, 2024, 6 pm

Monday, June 24, 2024, 6 am, through Thursday, June 27, 2024, 6 pm

Bonneville: Operate the pool within a 1.5-foot band during the treaty fishing period.

The Dalles: Operate the pool within a 1.5-foot band during the treaty fishing period.

John Day: Operate the pool within a 2-foot band during the treaty fishing period.

CRITFC will notify the Corps with specific times for the tribal fishery after a Compact hearing.

JUSTIFICATION:
The 2024 summer-season treaty fishing season is of critical importance to CRITFC’s member tribes. The run size forecast (at the Columbia River mouth) of an estimated 52,600 adult summer Upper Columbia chinook (near average) and 401,700 sockeye (above average) will create harvest opportunities for tribal fishers who will exercise their treaty rights by participating in this harvest using platform and gillnet fishing methods. This harvest will provide for the cultural, religious, and economic needs of the treaty tribes.

CRITFC will sponsor net flights each week to count the set-nets in each Zone 6 pool. The survey data will be shared with COE-RCC staff within 2-7 days of the flight day.

Achieving good river conditions through managed river operations during the treaty fishery has been the basis of past litigation that have been supported by federal courts and are consistent with the trust and fiduciary responsibilities that the federal operators have with respect to CRITFC’s member tribes.

In past meetings with U.S. Army Corps of Engineers officials, tribal fishers have explained that a pool fluctuation of more than 1.5 feet disrupts fishery operations. Specific problems include: (1) increased local currents that sweep debris into fishing nets, (2) rapid water level drops lead to entanglement of nets or change local currents that affect fishing success, (3) boat access problems, and (4) nets and gear are costly to replace and may become lost or torn from their anchors if pools are raised after nets are set.

Delays or disruptions to tribal fishing operations caused by the excessive pool fluctuations in Zone 6 can negatively impact tribal incomes, food resources, and cultural practices. For many tribal fishers, much of their annual income and food is generated during the brief treaty fishing season. The fishers have expressed to Corps officials that the loss of fishing opportunity during the extremely limited treaty fishery period cannot be replaced.

If this SOR cannot be accommodated, CRITFC requests a verbal response with an explanation from the federal operators by COB, Friday June 14, 2024. Thank you for considering this request. Please contact Kyle Dittmer or Stuart Ellis should you have any questions at (503) 238-0667.
2. Requester(s) CRITFC
3. TMT Recommendation June 12, 2024, TMT Meeting.

CRITFC, presented SOR 2024 C-1 (posted on the TMT website) for the summer 2024 Tribal treaty fishery. The request on behalf of the CRITFC Tribes is to operate Bonneville and The Dalles pools within a 1.5-foot band and the John Day pool within a 2-foot band from June 17 at 0600 hours through June 19 at 1800 hours, and from June 24 at 0600 hours to June 27 at 1800 hours.

The fish forecast from the Technical Advisory Committee (TAC) shows about 53,000 adult summer Chinook and almost 402 sockeye, which is above average. Kyle noted that the Tribal fishery summer season will likely extend through mid-late July, CRITFC will update the Corps with additional fishing periods following modeling and catch data, as well as data from net flights.

Kyle noted that this summer season Tribal fishery consists mainly of ceremonial and subsistence fishing for the Tribes, with commercial fishing more prevalent in the fall season. Tribal fishers are selling at Cascade Locks; visit CRITFC’s website for more information on sale opportunities.

Corps Implementation: Aaron Marshall, Corps, reported that the Corps will implement the SOR as requested, beginning on Monday, June 17.
4. AA decision June 12, 2024, TMT Meeting.

Corps Implementation: Aaron Marshall, Corps, reported that the Corps will implement the SOR as requested, beginning on Monday, June 17.  
5. Actual Implemented Operation June 12, 2024, TMT Meeting.

The Corps noted that the SOR will be implemented as requested. Specific hourly data regarding these operations may be found on the following website. https://pweb.crohms.org/report/projdata.htm
6. If different from AA decision, why?  

 

 

D2024-C2   Top of Page
14-August-2024 2024-C2 Aja K. DeCoteau, Executive Director, CRITFC Operation of the Lower Columbia Pools for the fall-season 2024 Treaty Fishery
1. SOR Request

The Columbia River Inter-Tribal Fish Commission (CRITFC), on behalf of its member tribes, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Confederated Tribes and Bands of the Yakama Nation, requests the following (Zone 6) reservoir operations (BON to MCN dams) during the fall-season 2024 treaty fishery. This effort supports the 2024 ceremonial, subsistence, and commercial treaty fishery times as set by the tribes and the Columbia River Compact (see additional attachment). SPECIFICATIONS:


Implement the following pool operations, as follows:

During the period spill is reduced due to the non-salmonid Gas Bubble Trauma (GBT) criterion exceedance below Ice Harbor under Washington Department of Ecology’s (WDOE) water quality waiver we request that:

Monday, August 19, 2024, 6 am, through Thursday, August 22, 2024, 6 pm

Monday, August 26, 2024, 6 am, through Friday, August 30, 2024, 6 pm

Monday, September 2, 2024, 6 am, through Friday, September 6, 2024, 6 pm

Bonneville: Operate the pool within a 1.5-foot band during the treaty fishing period.

The Dalles: Operate the pool within a 1.5-foot band during the treaty fishing period.

John Day: Operate the pool within a 2-foot band during the treaty fishing period.

CRITFC will notify the Corps with specific times for the tribal fishery after a Compact hearing.

JUSTIFICATION:
The 2024 fall-season treaty fishing season is of critical importance to CRITFC’s member tribes. The run size forecast (Columbia River at the Columbia River Mouth) of 370,870 adult fall chinook (near 10-year average), 61,955 coho (below 10-year average), and 122,100 A and B-Index steelhead (below 10-year average) will create harvest opportunities for tribal fishers who will exercise their treaty rights by participating in this harvest using platform and gillnet fishing methods. This harvest will provide for the cultural, religious, and economic needs of the treaty tribes.

CRITFC will sponsor net flights each week to count the set-nets in each Zone 6 pool. The survey data will be shared with COE-RCC staff within 2-7 days of the flight day.

Achieving good river conditions through managed river operations during the treaty fishery has been the basis of past litigation that have been supported by federal courts and are consistent with the trust and fiduciary responsibilities that the federal operators have with respect to CRITFC’s member tribes.

In past meetings with U.S. Army Corps of Engineers officials, tribal fishers have explained that a pool fluctuation of more than 1.5 feet disrupts fishery operations. Specific problems include: (1) increased local currents that sweep debris into fishing nets, (2) rapid water level drops lead to entanglement of nets or change local currents that affect fishing success, (3) boat access problems, and (4) nets and gear are costly to replace and may become lost or torn from their anchors if pools are raised after nets are set.

Delays or disruptions to tribal fishing operations caused by the excessive pool fluctuations in Zone 6 can negatively impact tribal incomes, food resources, and cultural practices. For many tribal fishers, much of their annual income and food is generated during the brief treaty fishing season. The fishers have expressed to Corps officials that the loss of fishing opportunity during the extremely limited treaty fishery period cannot be replaced.

If this SOR cannot be accommodated, CRITFC requests a verbal response with an explanation from the federal operators by COB, Friday August 16, 2024. Thank you for considering this request. Please contact Kyle Dittmer or Stuart Ellis should you have any questions at (503) 238- 0667.

2. Requester(s) CRITFC
3. TMT Recommendation August 21, 2024, TMT Meeting.

This will be updated following the August 21, 2024, TMT Meeting.
4. AA decision August 21, 2024, TMT Meeting.

This will be updated following the August 21, 2024, TMT Meeting.  
5. Actual Implemented Operation August 21, 2024, TMT Meeting.

This will be updated following the August 21, 2024, TMT Meeting.
6. If different from AA decision, why? August 21, 2024, TMT Meeting.

This will be updated following the August 21, 2024, TMT Meeting.