PORTLAND, Ore. - Today in a Portland courtroom, final arguments are being presented in a case that could determine the future of salmon in the Northwest. On one side: the federal agencies that operate the hydropower system and those responsible for making sure endangered salmon species don't go extinct. On the other side: the State of Oregon, fishing and conservation groups and the Nez Perce tribe, all of whom say the feds' plan costs too much and won't do enough.

Federal Judge James Redden is the man who will make the call. Jim Martin, a retired fisheries director for the State of Oregon, says today's hearing is one last shot at determining if there's any room for compromise.

"There's such a fundamental disagreement between the plaintiffs and the defendants. He wants to be very, very careful, because he anticipates somebody's going to try to appeal this - one way or the other - the stakes are so high. He wants to do a careful and good job, which I respect immensely."

Groups that oppose the current salmon plan say it isn't much different than two others that were rejected by the judge. Martin says the plan falls short for wild species that swim the farthest, through the dam system and inland to Idaho.

"My take on it is, it's not good enough. It puts too much of the risk of uncertainty on the fish, and that's very unfortunate, because the judge has given plenty of prodding to the action agencies and the government. They could have taken care of the concerns of the Nez Perce Tribe, the State of Oregon, the fishing interests and the environmental interests - they just decided not to."

Plaintiffs say the plan offers less protection for the fish than they now have, at substantially higher costs; the federal agencies say it balances fish survival with hydropower, shipping and agriculture interests.

Both sides in the debate say they're using the best available science, and they question each other's studies and analysis. Martin says there's a lot of pressure on the judge, because the decision will affect the tourism and fishing industries in the Northwest, but points out that Redden has been considering this issue for well over a decade. His ruling is expected this summer.

The hearing is at 9:30 a.m. in U.S. District Court, 1000 SW Third Ave., Portland.




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Coming into the new year, Columbia Riverkeeper is supporting efforts by the Cowlitz Tribe and Yakama Nation to restore salmon migration throughout the Lewis River. Fish passages would enable migration around dams and access to blocked habitats, essential for salmon and steelhead recovery in the culturally vital Lewis River basin.

Miles Johnson, legal director with Columbia Riverkeeper, said he's optimistic about a future of thriving fish and river wildlife.

"We're tentatively pretty excited," Johnson said. "We're going to see fish in parts of the Lewis River, which is a really important tributary of the lower Columbia. We're going to see fish in places that they haven't been in many, many years."

PacifiCorp recently agreed to a new schedule to install fish passage at two of its hydroelectric dams on the Lewis. Johnson said PacifiCorp broke a previous pledge to retrofit its dams to include fish passage, adding that Columbia Riverkeeper will continue to hold the company accountable for promises to tribes and the public.

Johnson said Columbia Riverkeeper will also be watching the project carefully to ensure PacifiCorp follows through, given what he described as its past focus on financial interests over legal obligations.

"These are really expensive projects to build, and PacifiCorp has demonstrated a history of putting its bottom line before its obligations, to the fish and people who use the river," he continued.

Johnson added although things are in motion, until the fish passage facilities are built in a way that's meaningful and going to work, they will continue to monitor the process and if necessary, try to hold PacifiCorp accountable.

He said science shows that reconnecting fish with existing, high-quality spawning habitat is the best way to recover the Lewis River's struggling populations of spring Chinook and coho salmon, steelhead and bull trout.

The Biden administration wants to get serious about restoring salmon populations to the Northwest.

A presidential memorandum directs federal agencies to assess how they can improve fish numbers in the Columbia River Basin.

Mitch Cutter, salmon and steelhead associate for the Idaho Conservation League, applauded the memo, saying other presidents have dodged the issue because it is tricky to address.

"What we're seeing that's very different about this administration is that they are ready to embrace that complexity and ready to get to a level of 'How do we solve this problem?'" Cutter explained. "We've been putting this off across multiple administrations for 30 years now. How do we move this issue forward?"

Cutter pointed out salmon and steelhead populations over the past few decades have been in severe decline in the Columbia River Basin, including on the Snake River stretching into Idaho.

Cutter added working with Indigenous tribes is also prominent in the presidential memo.

"We're seeing this administration treat tribal justice much more seriously than past administrations have," Cutter observed. "At least say the right things about how it is paying attention to what tribes want and is going to factor them in not just as stakeholders but as coequal partners."

Cutter argued breaching the four lower Snake River dams in southeast Washington is important, especially for Idaho fish. He added the Bonneville Power Administration is critical to this decision.

"Because Bonneville Power in large part controls these dams and the energy that is created from them, they are the key player," Cutter contended. "They are someone that we would like this administration to really take a close look at, in regard to how they're treating these fish."

The Biden Administration is considering the future of Pacific Northwest salmon and the effect of dams in the region.

The White House Council on Environmental Quality held listening sessions this spring and is now asking for public comments on dams in the Columbia River basin.

They're especially focused on four dams on the lower Snake River that have been major barriers to the dwindling salmon populations that migrate upstream to Idaho.

Mitch Cutter is the salmon and steelhead associate with the Idaho Conservation League.

"What we've seen so far in both the listening session and in the public comments," said Cutter, "is an overwhelming majority of people saying they want to breach the lower Snake River dams - because it's essential for salmon and steelhead, and because there's other ways of doing the things that the dams provide."

Supporters of keeping the dams say they provide essential energy, irrigation and barging functions. But Cutter noted that during listening sessions, more than three-quarters of commenters were in favor of breaching the dams.

The Council on Environmental Quality public comment period is open through August 31.

Cutter said there is interest in removing the dams from a variety of people in the Northwest.

"We're seeing people from across the region," said Cutter, "come out of the woodwork and say, 'This issue matters to me, even if it didn't two, three, five, ten years ago. We'd like to have this problem solved.'"

During this year's legislative session, Washington state lawmakers approved $7.5 million for planning to replace the dam's services. The four Snake River dams are in southeast Washington.