Judge rejects federal salmon plan

U.S. District Court Judge James Redden on Tuesday rejected the federal government’s plan for operating the Columbia River’s hydroelectric power system without harming the river’s salmon population.

The National Oceanic and Atmospheric Administration Fisheries Service issued a so-called “biological opinion” concluding that, based on its own salmon mitigation plans, the continued hydropower operations through 2018 “are not likely to jeopardize” any endangered species.

But Redden’s ruling, handed down in Portland Tuesday, said the federal government “failed ... to identify specific mitigation plans to be implemented beyond 2013.”

According to a news release from several salmon advocacy groups, Redden’s ruling marks the third time in a decade that NOAA has failed to produce an adequate plan to protect Columbia-Snake River salmon.

“The judge’s decision is a victory for wildlife, taxpayers, and the fishing industry,” John Kostyack, executive director of wildlife conservation and global warming for the National Wildlife Federation, said in a news release. “Protecting Columbia-Snake River salmon protects fishing jobs, saves taxpayers billions of dollars and helps preserve the outdoor heritage of the Northwest.”

Several federal agencies — including NOAA, the Portland-based Bonneville Power Administration, and the U.S. Army Corps of Engineers — issued a joint statement late Tuesday saying they will continue to evaluate their options on whether to appeal the ruling.

“We’re encouraged by the court’s basic conclusion that the biological opinion should remain in place through the end of 2013, that it is providing ‘adequate protection for listed species’ and that we should tighten up on the habitat program beginning in 2014,” the statement read. “We are of course disappointed that the court has not agreed with all of our arguments in this long-standing litigation, but the court specifically recognizes that the unprecedented level of regional collaboration over the past few years has provided beneficial measures that help protection for listed species.”


@ErikSiemers | esiemers@bizjournals.com | 503-219-3418

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