Salmon Recovery Left Up to the Localsby John Tennis In June, the National Marine Fisheries Service issued a ruling prohibiting the "taking" of 14 groups of salmon and steelhead. These fish runs are listed as threatened under the Endangered Species Act. Essentially, the ruling means people living in the affected areas (Washington, Oregon, Idaho and northern California) cannot do anything to harm a listed fish run, including causing resource degradation. In the Puget Sound and Hood Canal regions, Chinook and Chum salmon are the most affected. The decision came after the Fisheries Service studied 52 fish populations beginning in 1994. The study concluded that the decline in populations was due to human activity including over-fishing, habitat destruction, hydropower development, hatchery practices, water-quality problems and other factors. A number of activities could be impacted by the action. They include, but are not limited to: construction of any structures in, or near waterways, pollution discharges, alteration of waterways, transportation construction and maintenance, land use activities, water usage, fishing, shoreline disturbances, timber harvesting and grazing. NMFS has said that state and local governments, tribes and other organizations and individuals will have to take the lead in recovery efforts, with the final aim the delisting of the salmon and steelhead runs. Most affected entities are already working on the effort with Washington state's program called the "Extinction is not an Option" plan. In Thurston County all governmental entities along with affected Tribes have formed interjurisdictional work groups to address the challenge. The alternative is federal enforcement programs if proper steps are not taken. Section 4 of the Endangered Species Act relates to the process of listing for a species. Section 4(d) requires NMFS to issue regulations that are necessary for conservation of the species. Under the "4(d) rule" a "take" is to harass, harm, pursue, hunt, shoot, wound, kill, trap, or collect a listed species or to attempt any of the above. To "harm" includes modifying or degrading habitat so that it has a detrimental effect on the fish runs. Affected agencies must take action to provide for recovery of the resource. Activities undertaken, or those correctly permitted or prohibited by the jurisdictions could mean they would be in compliance with the federal government. That could lead to an authorization of those programs and eventually, to the removal of the fish runs from the Endangered Species List. Local Efforts The good news is that many of the types of steps required under the 4(d) rule for salmon recovery have been going on in Thurston County for years. For example, the ruling calls for a development ordinance that covers stormwater discharge impacts on water quality and quantity which also limits overall impacts on the affected watershed. Thurston County and integrated jurisdictions have such laws on the books already. Some refinement might be needed in order to comply totally with NMFS guidelines but some of the requirements may already be met. Jurisdictions on Puget Sound will have to undertake riparian repair efforts to make sure rivers and streams are in good shape to support fish populations. Such an effort using a core of dedicated volunteers has been underway here for several years. The interjurisdictional "Stream Team" program has worked cooperatively with other groups including South Sound GREEN, the Thurston Conservation District and South Puget Sound Salmon Enhancement Group to rehabilitate streams in our area. The jurisdictions already have a jump on several other requirements including protection of critical habitat, wetland protections, flood plain preservation and shoreline regulations. That doesn't mean that a lot more work isn't needed. Some changes will have to be made regarding transportation construction and maintenance. Water usage rules may also have to be altered and some existing regulations may have to be revamped and/or strengthened. In addition, jurisdictions in Thurston County and elsewhere will have to work closely to provide resource enhancement, because water and salmon indiscriminately cross governmental boundaries. Costs No one yet knows what the financial impacts of the salmon recovery effort will be, but one thing is certain, all of us will have to pay one way or the other. The cost of new development, including housing and commercial structures is likely to go up. The cost of new highways and bridges and road maintenance will also increase as more stringent environmental controls are put in place. Total costs to the public will be in the hundreds of millions of dollars, if not more. Where the money will come from is still a question. It will likely be a combination of federal, state and local resources. Another unknown in the process will be litigation. Under the Endangered Species Act listing, individuals and organizations can sue if a public or private entity is "taking" or "harming" the threatened fish or simply is not doing enough to protect them. In addition, lawsuits could be filed if someone thinks there has been a "taking" of private property as part of the effort toward recovery. In fact, some environmental groups and construction industry groups have already indicated they are preparing to go to court over the issue. It will take compromise on everyone's part to reach the goal of recovery of the resource. Litigation is not conservation. Everyone is upstream — and downstream — from someone else, and we have to work together to find common sense solutions for replenishment of this magnificent resource. The health of Salmon and Steelhead is an overall indicator of the natural state of the Pacific Northwest. Program Available The governmental jurisdictions in Thurston County have worked to prepare a public presentation regarding the Endangered Species Act listing. The program is being presented to various civic, community and environmental groups. Please plan to attend one of the presentations to have your voice heard on this important issue. Call Mark Swartout at (360) 357-2491 to schedule a presentation or to find out the date and time of the presentation nearest to you. John Tennis is the Thurston County Public Information Manager.
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