New Salmon Protection Rules May Exempt Logging, Commercial Fishing
12/17/99
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Title: New Salmon Protection Rules May Exempt Logging, Commercial
Fishing
Source: Environment News Service
Status: Copyright 1999, contact source for permission to reprint
Date: December 17, 1999
Byline: Cat Lazaroff
SEATTLE, Washington, December 17, 1999 (ENS) - The National Marine
Fisheries Service said this week it intends to propose rules for
protecting threatened West Coast salmon and steelhead in four western
states. The proposal will carve out major exceptions and make room
for state and local salmon conservation initiatives.
The proposed regulations, known as "4(d) rules," from the section of
the ESA that authorizes their use, will protect salmon and steelhead
in California, Oregon, Washington and Idaho.
Exemptions would be available for a range of activities from
scientific research to commercial and sport fishing, and including
some logging and roadbuilding plans as well.
The rules are a response to the listing of 14 fish populations as
threatened. They will prohibit anyone from harming protected fish or
their habitat, known as "taking" under the federal Endangered Species
Act (ESA).
The National Marine Fisheriees Service (NMFS) says the ne approach
will reduce red tape, eliminate the need for ESA related permits for
covered activities, broaden the scope of conservation efforts for the
fish, and increase people's flexibility in complying with the ESA.
"These proposals constitute a major innovation in the ESA program
that will be good for the fish and good for the public," said William
Stelle, head of the fisheries service's Northwest Region in Seattle.
"By creating powerful incentives for local programs in place of
federal 'take' rules, we hope to broaden the scope of those
conservation efforts and provide local governments with the option of
going with home grown solutions."
The draft rules would let the NMFS allow limited harm to listed
species for otherwise lawful acts so long as specific guidelines are
followed to protect the overall health of the populations and their
habitat. These guidelines are designed to complement efforts underway
within each of the four states to protect salmon and steelhead and
their habitats.
"Our customary approach to protecting salmon," added Stelle, "has
been to issue broad 'boiler-plate' 4(d) rules that provided
protection for fish, but provided no place for local programs in lieu
of those rules. People who wanted protection from the take
prohibitions were required to obtain permits on a permit by permit
basis."
If the rules become final, restrictions would be placed on activities
that could harm listed fish or their habitat, such as overfishing,
poor hatchery practices, or development that degrades habitat and
water quality.
The rules do not propose specific limitations on grazing or
fertilizer and pesticide use by farmers and ranchers, but will
require pipes drawing water from rivers to be screened to prevent
young fish from being drawn into canals and fields.
A number of natural resource uses already underway would be exempted
from the new rules. For example, timber management conducted in
Washington state consistent with a recent state forest and fish
agreement would be exempted on the grounds that the state agreement
alone provides the necessary fish protection.
In Oregon, activities carried out in accordance with the state's
Department of Transportation rules would be exempted as well.
The draft rules do not include exemptions for conservation plans
currently under development by several counties and cities around the
central Puget Sound area in Washington state. The fisheries service
said it expects to receive proposed conservation measures from this
effort, led primarily by King, Pierce and Snohomish counties, by
January. At that time, the NMFS said, it will consider incorporating
the measures into the proposed rules as the basis for incidental take
permits for economic development activities in Seattle, Tacoma,
Everett and neighboring communities.
"This is an exciting innovation that demonstrates again the
flexibility inherent in the ESA. Encouraging state and local
conservation efforts is the best way to ensure that salmon are
protected with minimal disruptions of economic activity," said
Stelle. "These proposals reflect a bottom up approach to that goal."
But Stelle could not say Wednesday what specific activities might be
prohibited, demonstrating that significant questions remain regarding
how the rules might be applied.
"Unavailable or inadequate data leaves a high degree of uncertainty"
about who will be affected, reads a partial draft of the rule.
The NMFS will solicit comments on the proposal for 60 days. The
agency will also hold public hearings in Idaho, Washington, Oregon
and California during January and February to gather comments.
The proposed rules regarding steelhead must be made final and issued
by June 19, 2000, under a court agreement. The NMFS said it expects
the rules for the other salmon populations to be made final at about
the same time.
Additional information is available at: 1-877-725-6669 or online at:
www.nwr.noaa.gov