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28 july 2004

Media Contact:
Charles Hudson, CRITFC, (503) 731-1257

Keep on spilling, federal court orders BPA and the Corps
Judge upholds salmon-protection program along Columbia River dams

Portland, Oregon - A federal court judge today squelched U.S. Army Corps of Engineers and Bonneville Power Administration plans to curtail a federally required salmon-protection provision to spill water over dams on the Columbia and Snake rivers.

Northwest tribes, conservationists and fishing-industry officials cheered the ruling, issued by federal Judge James Redden of the Oregon District. Salmon advocates have long fought the BPA and Corps' attempts to halt salmon-protection measures at Columbia Basin dams.

Widely considered by scientists as the safest way to help young salmon downriver past dangerous dam turbines, spill has proved among the few successful requirements in the Federal Salmon Plan to boost survival of the threatened and endangered fish.

"Today we celebrate a great victory for salmon," said Jay Minthorn, chairman of the Columbia River Inter-Tribal Fish Commission. "The spill program serves an important part of Northwest salmon recovery; we must remain vigilant to ensure Northwest congressional leaders and the Bush administration fully implement all components of the Federal Salmon Plan."

As part of its aim to sell more electricity to power-hungry California and shave an average 10 cents off Northwest ratepayers' monthly energy bill, the federal agencies had offered variations of a curtailment plan including cutting summer spill for 10 days in August at Ice Harbor and John Day dams and erasing the entire August spill schedule at Bonneville and The Dalles dams.

Today's ruling instead requires the Corps and BPA to maintain the spill schedule outlined by the Federal Salmon Plan. "Common sense prevailed today," said CRITFC executive director Olney Patt Jr. "Judge Redden's decision has shown the courts will shut down attempts by industry schemers and their BPA accountants to dictate Columbia River salmon policy with plots that slap the face of sound science."

Added CRITFC Commissioner Ronald Suppah Sr., who chairs the Warm Springs tribe's fish and wildlife committee, "Rather than heap the burden of salmon loss onto the shoulders of fishing communities and businesses, we must hold accountable those who make money off measures that dwindle salmon populations."

Summer spill reflects one of the few consistently successful requirements in the Federal Salmon Plan, which remains in force by court order until a new plan reaches completion. A draft plan is due Aug. 30.

"We have witnessed a reluctance by this administration and its agencies to follow the law in protecting salmon," said Nez Perce Tribe executive committee member Randall Minthorn, who also chairs the tribe's law and order subcommittee. "But we felt pleased that the judge today referred to our tribal treaty rights, whose spirit and intent remained evident in the courtroom."
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About CRITFC The Portland-based Columbia River Inter-Tribal Fish Commission is the technical support and coordinating agency for fishery management policies of the Columbia River Basin's four treaty tribes: the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation and the Nez Perce Tribe.

CRITFC, formed in 1977, employs biologists, other scientists, public information specialists, policy analysts and administrators who work in fisheries research and analyses, advocacy, planning and coordination, harvest control and law enforcement.

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