24 january 2007
Media Contact:
Charles Hudson, CRITFC,
(503) 731-1257
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9th
Circuit Court orders BPA to keep salmon science center operating
Portland, Oregon
- Recognizing that
salmon and steelhead are "two the great resources of the Columbia
River" the United States Ninth Circuit Court of Appeals ruled
today that the Fish Passage Center must remain operational and funded
by the Bonneville Power Administration.
Since 1982 the Bonneville Power Administration has funded the operations
of the Fish Passage Center, which provides technical assistance and
information to fish and wildlife agencies, Indian tribes, and the
general public on matters related to juvenile and adult salmon and
steelhead passage through the Columbia River and its tributaries.
The concept of the Fish Passage Center grew directly from the recommendations
of the Columbia River Inter-Tribal Fish Commission and state fish
and game managers for implementing the Northwest Power Act's fish
and wildlife requirements. "The Center has a meticulous record
of meeting the data needs of fisheries co-managers," said Rebecca
Miles, chairwoman of the Nez Perce Tribe. "It is a vital and
valuable public resource."
"The tribes were very unhappy when BPA decided it didn't want
the Fish Passage Center anymore," said Bruce Jim, Chairman of
the Warm Springs fish and wildlife committee.
The Umatilla, Warm Springs, and Nez Perce tribes filed a friend of
the court brief in support of the Yakama Nation, urging that the Ninth
Circuit to overturn BPA's decision to end funding for the Fish Passage
Center. In March 2006, the Ninth Circuit issued an emergency ruling
temporarily enjoining BPA to continue funding the Fish Passage Center.
Today's final ruling confirms the court's original decision and holds
that BPA cannot rely on congressional report language to circumvent
the requirements of the Northwest Power Act.
"The Fish Passage Center's data has consistently shown that dams
kill fish. Salmon need water flows and spills at the dams for their
survival," said Rapheal Bill, a fish commissioner from the Umatilla
Tribe.
" The Fish Passage Center is just the messenger. Destroying the
messenger because you don't like the scientific message is contrary
to salmon recovery needs," said Fidelia Andy from the Yakama
Nation. "We are pleased that the Court recognized our concerns
and supported the continuation of the Fish Passage Center."
The Yakama Nation was a lead petitioner in the case. The Yakama, Umatilla,
Warm Springs and Nez Perce tribes helped frame the 1980 provisions
of the Northwest Power Act.
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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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