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|Title:||Columbia River fish management plan|
|Keywords:||Fishery management; Fish habitat improvement; Fishery law and legislation; Indians of North America; Fishing; Law and legislation|
|Publisher:||Washington State Dept. of Fisheries|
|Description:||FISH & WILDLIFE FIEFERENCELIBRARY V. COLUMBIA RIVER FISH MANNGEMENT 'PLAN Columbia River Fish Management Plan I November 9, 1987 I COLUMBIA RIVER FISH MANAGEMENT PLAN INDEX PART SECTION PAGE PREAMBLE 1 I. ADMINISTRATIVE MATTERS A. PARTIES 2 B. SCOPE AND NATURE OF AGREEMENT 2 C. JUDICIAL REVIEW OF DISPUTES 6 D. PRIOR AGREEMENT AND ORDER SUPERSEDED 7 E. DEFINITIONS 8 F. TERM OF AGREEMENT AND PROVISIONS FOR 12 WITHDRAWAL G. RESERVATION OF CLAIMS AND DEFENSES 15 CONCERNING SHOSHONE-BANNOCK TRIBES II. HARVEST MANAGEMENT A. CEREMONIAL AND SUBSISTENCE FISHERIES 16 B. WINTER SEASON 19 C. SPRING CHINOOK 20 D. SUMMER CHINOOK 22 E. SOCKEYE SALMON 24 F. STURGEON 26 G. SHAD 26 H. WALLEYE 27 T. FALL CHINOOK 27 J. SUMMER STEELHEAD 32 K. COHO SALMON 37 L. LAMPREY 39 III. ARTIFICIAL AND NATURAL PRODUCTION A. PURPOSE 39 B. REQUIRED REPORTS 40 C. SUBBASIN PLANS 43 D. ARTIFICIAL PRODUCTION MODIFICATIONS 45 IV. PROCEDURES A. TECHNICAL ADVISORY COMMITTEE 47 B. PRODUCTION ADVISORY COMMITTEE 50 C. POLICY COMMITTEE 53 D. DISPUTE RESOLUTION PROCEDURE 53 E. REGULATION OF MAINSTEM TREATY 56 INDIAN FISHERIES APPENDICES A. COLUMBIA RIVER MANAGEMENT SCHEDULE B. PRODUCTION TABLES C. STOCK DEFINITIONS PREAMBLE The purpose of this management plan is to provide a framework within which the Parties may exercise their sovereign powers in a coordinated and systematic manner in order to protect, rebuild, and enhance upper Columbia River fish runs while providing harvests for both treaty Indian and non-Indian fisheries. The primary goals of the Parties are to rebuild weak runs to full productivity and fairly share the harvest of upper river runs between treaty Indian and non-Indian fisheries in the ocean and Columbia River Basin. As a means to accomplish this purpose, the Parties intend to use (as herein specified) habitat protection authorities, enhancement efforts, and artificial production techniques as well as harvest management to ensure that Columbia River fish runs continue to provide a broad range of benefits in perpetuity. By this Agreement, the Parties have established procedures to facilitate communication and to resolve disputes fairly. it is the intent of the Parties that these procedures will permit the Parties to resolve disputes outside of court and that litigation will be used only after good faith efforts to settle disagreements through negotiation are unsuccessful. I. ADMINISTRATIVE MATTERS A. PARTIES The Parties to this Agreement (herein NParties") are: 1. The United States of America acting by and through a. The Secretary of the interior and his agents, and b. The Secretary of Commerce and his agents; 2. The Nez Perce Tribe; 3. The Confederated Tribes of the Umatilla Indian Reservation (Umatilla Tribe); 4. The Confederated Tribes of the Warm Springs Reservation of Oregon (Warm Springs Tribe); 5. The Confederated Tribes and Bands of the Yakima Indian Nation (Yakima Indian Nation); 6. The State of Oregon (Oregon); 7. The State of Washington (Washington) Under Washington state law, the executive branch responsibility for fisheries management is assigned primarily to two separate agencies--the Department of Fisheries and the Department of Game--depending upon the species involved. Accordingly, whenever this Agreement requires action, decision or agreement of the Parties, it is understood that as to the State of Washington this means actiont decision or agreement of the state, acting by and through each of those departments or the one determined to have the principal responsibility under state law for the subject matter involved; 8. The State of Idaho (Idaho). B. SCOPE AND NATURE OF THE AGREEMENT 1. This Agreement is entered into by the Parties pursuant to the September I# 1983 order of the United States District Court for the District of Oregon (Court) in the case of United States et al. v. Oregon, Washington et al., (case No. 2 68-513). When approved by that courtr this Agreement shall be binding on the Parties as a decree of the Court to the extent herein specified. 2. The purpose of this Agreement is to provide management guidelines# harvest allocation requirements fish production measures, institutional arrangements, and substantive provisions that will better enable the Parties to protects manage and enhance the fishery resources of the Columbia River system for the mutual benefit of present and future generations. Under this Plan, the treaty tribes, which have federally secured rights with respect to such resources# will be accorded the opportunity to harvest their shares of those resources at their usual and accustomed fishing areas, by such reasonable means of those tribes' choice as are compatible with conservation requirements and the rights of other fishermen to take, under applicable state or federal lawt their share of those resources. 3. This Agreement is based on the unique biological circumstances of the Columbia River Basin fish runs and stocks, and the particular treaties, laws and judicial decisions applicable to the Columbia River system. The provisions of this Agreement do not necessarily apply to other fisheries and river systems or to entities not party to this Agreement. 3 4. The Parties take note of the fact that several federal and state laws require fisheries protective, mitigative or enhancement measures in connection with particular activities that impact fisheries resources. Other laws affirmatively promote development of comprehensive and joint inter-party fisheries management and propagation plans and programs. The Parties pledge to confer with each other and to use their best efforts to see that mutually acceptable provisions that will promote the earliest feasible achievement of the rebuilding and harvest sharing objectives specified in this Agreement are included in the plans and programs required or adopted under those laws, including specifically those dealing with the management of ocean fisheries and with fish protection and propagation within the Columbia River system. They also pledge to diligently carry out their obligations under such plans and programs. 5. The harvest allocation provisions of this Agreement apply only to the ocean fisheries south of the Washington/British Columbia border and the mainstem fisheries as herein defined, unless otherwise expressly indicated. 6. Nothing in this Agreement is intended to alter, amend, modify or abridge any treaty right or other legal right of any Indian tribe, any treaty of the United States, or any Act of Congress. 7. Nothing in this Agreement or in the Order of the Court approving this Agreement shall be construed as imposing a legal obligation on any federal agency to act in a manner in 4 conflict with applicable federal laws, regulations, procedures and policies, except insofar as may be required to comply with other specific existing or future orders or rulings of the Court or other federal courts with jurisdiction over the matter. If the representative of a federal agency Party determines that his agency cannot comply with or carry out a provision of this Agreement or of a subbasin plan adopted pursuant to this Agreement due to conflict with applicable federal law# regulation, policy, procedures, non-availability of funds, or other reason, he shall immediately advise the Policy Committee of this fact. if any Party raises a point of concern over such noncompliance which cannot be timely resolved by the Policy Committee, the federal Party shall comply with applicable provisions of this Agreement unless the Undersecretary of the Department of the interior, the Administrator of NOAA, or an Assistant Attorney General of the United States advises the Policy Committee in writing of the reason for noncompliance; provided, however, that this section 7 does not apply to, or relieve a Federal Party from the obligation to comply with, the provisions of Section II-I (Fall Chinook) of this Agreement or with any other treaty Indian/non-Indian harvest sharing or allocation requirements which may subsequently be agreed to by the Parties. The judicial review and dispute resolution provisions of this Agreement shall apply to any dispute concerning whether or not a federal Party is in compliance with its obligations under this Agreement. 5 C. JUDICIAL REVIEW OF DISPUTES 1. In the event that disputes arise concerning this Agreementr the Parties agree that (after having complied with the provisions of this Agreement in Part IV)f any Party may submit any such matter that is within the continuing jurisdiction retained by the court in Case No. 68-513 to the Court for determination. All Parties acknowledge that with respect to such disputes, unless otherwise expressly mandated by federal law, that Court has primary# though not necessarily exclusive, jurisdiction over that of any other court, state or federal. Unresolved disputes over matters that are not within the retained jurisdiction in Case No. 68-513 may be submitted to any court having appropriate jurisdiction over the subject matter and the parties to the dispute. 2. The Parties recognize that some decisions and disputes within the scope of this Agreement may require expeditious judicial review. They also recognize that the entities charged with making decisions and resolving disputes must be given the opportunity to examine competing positions of the Parties and the factual basis for their positions prior to rendering their decisions. The Parties therefore agree to use their best efforts to fully present their positions and the factual basis for their positions, as provided in Part IV, before seeking judicial review. 6 D. PRIOR AGREEMENT AND ORDER SUPERSEDED 1. To the extent, if any, that the "Plan for Managing Fisheries on Stocks Originating from the Columbia River and Its Tributaries above Bonneville Dam" dated February 25, 1977, and the -order of February 28, 1977 in Case No. 68-513 approving that plan have not previously been terminated this Agreement supercedes and replaces that plan and order as to all Parties, effective as of the date of approval of this Agreement by the Court. 2. If this Agreement comes into effect in the middle of a data collection or management period for one or more salmonid runs, any agreements among,the Parties which previously have been reached with respect to any fisheries data, seasons or regulations affecting such runs, shall continue in effect for the remainder of such period as though made under the terms of this Agreement unless otherwise expressly agreedito by the affected Parties. 7 4@ DEFINITIONS For the purposes of this Agreement and the subbasin plans developed hereunder: anadromous fish means: fish that ascend freshwater rivers and streams to reproduce after maturing in the ocean. artificial propagation/or artificial production means: spawning, incubating hatching or rearing fish in a hatchery or other facility constructed for fish production. ceremonial fish means: those fish caught and used pursuant to tribal authorization for religious or other traditional Indian cultural purposes of the tribes and which may not be sold, bartered or offered for sale. commercial fish means: those fish that are sold or bartered or are caught for that purpose (except subsistence fish). emergency means: unanticipated change in fish resource status, abundances timing or harvest level for which the relevant data was not available during preseason planning and which requires immediate management response to achieve the objectives of this Plan. harvestable fish means: those fish determined pursuant to this Agreement to be available for harvest. .hatchery fish means: fish spawned, incubated, hatched or reared in a hatchery or other artificial production facility. Lower River means: that portion of the Columbia River below Bonneville Dam. mainstem means: the Columbia River between its mouth and McNary Dam, except where expressly indicated otherwise. 8 management entity means: the agency (state, tribal or federal), having fisheries management authority over the specific area and subject matter involved. management goal means: a desired adult fish population size, usually composed of an aggregate of individual stocks, as measured at a given geographic point. This goal is used as a basis for determining harvestable fish and/or spawning escapement needs above that point, taking into consideration factors such as natural mortality$ fish passage, and other non-fishery related mortalities. natural spawning fish means: fish produced by spawning and rearing in natural habitat, regardless of the parentage of the spawners. non-Indian fisheries means: all fisheries subject to United States or state jurisdiction except those open only to members of a federally recognized American indian tribe. point of concern means: when any Party notifies the Policy Committee in writing that they have cause to be concerned over harvest allocation or achievement of the rebuilding goals of this Plan. rebuilding means: progress toward achievement of full production, escapement and harvest goals. run means: a population of fish of the same species consisting of one or more stocks migrating at a discrete time. sanctuary means: a specific location closed to fishing for the protection of certain runs or fish populations which may be present. 9 3. After the first general review date of June 30, 1991# any Party may withdraw from this Agreement at any time by serving written notice to the court and upon the other Parties. The notification shall include reasons for the withdrawal. Withdrawal of one or more Parties shall not preclude the remaining Parties from continuing this Agreement. Upon withdrawal of any Party, any remaining Party may similarly withdraw upon notice to the Court and other Parties. 4. Nothing in this Agreement prevents the recognition of special or emergency situations and the development of mutually acceptable ad hoc or permanent modifications to this Agreement. 5. If At any time during the term of this Agreement the Undersecretary of the Department of the Interior, the Administrator of NOAA, or an Assistant Attorney General of the United States gives the Policy Committee the written notice of his decision not to comply with any provision of this agreement, as provided in Section I B 7, any non-federal Party may then withdraw from this Agreement by serving written notice, within 30 dayst to the Court and upon the other Parties. upon notice of such withdrawal of any nonfederal Party, any remaining Party may similarly withdraw upon written notice given within 30 days thereafter to the Court and the other Parties. 14 G. RESERVATION OF CLAIMS AND DEFENSES CONCERNING SHOSHONE-BANNOCK TRIBES Although not a party to this plant the Shoshone-Bannock Tribes are accorded the right to participate in certain aspects of the plan. Specifically, the plan makes the Shoshone-Bannock Tribes a member of the Technical Advisory Committee, Production Advisory Committee$ and also a member of the Policy Committee for issues concerning the Salmon River subbasin. Further, the Shoshone-Bannock Tribes are deemed to be a management entity for purposes of the Salmon River subbasin plan as provided in Part I, Section C.l. of this plan. The parties to this plan and the Shoshone- Bannock Tribes agree that the Shoshone-Bannock Tribes' limited participation in this plan in no way represents an admission, determination, settlement, or adjudication of any legal or factual issue related to the nature and scope of the Shoshone-Bannock Tribes' off-reservation fishing rights under the Fort Bridger Treaty of July 3, 1868. 15 Stat. 673. The parties to this plan acknowledge that the Shoshone-Bannock Tribes reserve the right to litigate at any time in Case No. 68-513 any and all claims they may have against any or all of the other parties concerning the Shoshone-Bannock Tribes' fishing rights under the Fort Bridger Treaty of July 3, 1868, to the same extent and subject to the same limitations as would apply if they were not a participant hereinunder. In the event of such litigation, the signatory parties to this plan reserve the right to assert any and all defenses they may have to the 15 claims of the Shoshone-Bannock Tribes in Case No. 68-513. By participating in this plan as authorized herein, the Shoshone-Bannock Tribes acknowledge that the signatory parties' consent to the Shoshone-Bannock Tribes' limited, nonparty participation in this plan shall not be construed as a waiver or abandonment of any such defense. II. HARVEST MANAGEMENT A. TREATY INDIAN CEREMONIAL AND SUBSISTENCE FISHERIES 1. Minimum Ceremonial and subsistence Entitlement There is a minimum mainstem treaty Indian ceremonial and subsistence (C & S) entitlement to the tribes of 10,000 spring and summer chinook. It is anticipated that the majority of this entitlement will be taken from the spring chinook run. Tributary harvest of spring and summer chinook is not included in this entitlement. This entitlement shall be achieved as follows: 2. Platform C & S Fisheries a. Harvest of spring and summer chinook in mainstem plat-form fisheries using subsistence gear and methods shall not be restricted by the states or the United States and shall count toward the 10,000 fish entitlement. b. The catch amount shall be determined each year by a TAC preseason estimate of the anticipated catch. C. Mainstem platform fisheries outside of Zone 6 may be established under the following criteria: (i) For runs destined above Bonneville Dam, tribes may enact platform fisheries upon agreement with the 16 states of Oregon and Washington in accordance with the TAC planning schedule (Appendix A). Notice of any such proposed special fisheries shall be specific as to location, numbers of scaffolds duration of fishery and method of monitoring and accounting for the harvest. Any mainstem harvest from such platform fisheries shall count toward the entitlement set forth in section A.1. and A.2.a. of this Part. 3. Gillnet C & S Fisheries a. Spring Chinook Mainstem gillnet C & S fisheries for spring chinook shall be managed according to inriver run size. The run size is determined by the total number of adult spring chinook entering the Columbia River destined to pass above Bonneville Dam. M On runs under 25,000: platforms may remain open; gillnet fisheries may occur only if agreed to by the Parties. (ii) On runs of 25,000 to 50,000: combined platform and gillnet C & S harvest shall not exceed 5% of the inriver run; (iii) On runs of 50$000 to 112% of management goal: combined platform and gillnet C & S harvest shall not exceed 7% of the inriver run. b. Summer Chinook When retained for ceremonial or subsistence purposes# the incidental catch of summer chinook in treaty Indian 17 gillnet fisheries for other species shall count toward the C & S entitlement. 4. Balance of Ceremonial and Subsistence Entitlement In each calendar year of this Agreement, the balance of the minimum C & S entitlement shall be made available to the tribes according to the following schedule: a. 21500 spring chinook, or as many as are necessary to fulfill the minimum entitlement following mainstem platform and gillnet C & S fisheries described in Part II, Sections A62 and A.3, whichever is less, shall be provided by the states from the Cowlitz River hatchery and Willamette River system hatcheries below Willamette Falls, or other lower river hatchery facilities having spring chinook of equal quality. b. Any remaining balance following compliance with Part II, Sections A.2t A.3, and A.4.a. shall be provided from the following sources in order of priority; pro-vided that doing so does not interfere with production# rebuilding and tributary harvest programs developed pursuant to this Agreement: (i) Spring chinook from lower river hatcheries; (ii) spring chinook from other hatcheries in the Columbia River system, or other salmon surplus to lower river hatchery needs of a quality and quantity that will achieve an agreed-to equivalence to spring chinook; (iii) spring chinook from hatcheries outside the 18 Columbia River system, or other salmon surplus to hatchery needs from outside the Columbia River system of a quality and quantity that will achieve an agreed-to equivalence to spring chinook. c. Spring chinook provided under Part II# Section A.4 may be made available to the tribes under methods and in places agreed to by the relevant fisheries agencies and tribes. WINTER SEASON Treaty Indian Fisheries The treaty Indian winter gillnet fishery shall commence on February 1 and shall terminate on March 21 to minimize the incidental harvest of upriver-destined spring chinook. 2. Non-Indian Fisheries Except as provided in Part II, Section C.4., lower river non-Indian commercial and recreational fisheries may occur within the following management periods for the purpose of harvesting lower river-destined salmon and steelhead stocks, so long as such fisheries' combined harvest rate on upriver spring chinook does not exceed the 1983-85 average and in no event exceeds 5% of the total inriver run size of upriver spring chinook adults: a. A non-Indian winter commercial season which shall terminate prior to March 10 or, if agreed to by the Partiest prior to March 16, and; b. A non-Indian winter recreational salmon season which may occur between the Megler-Astoria Bridge and the 1-5 19 Bridge which shall terminate prior to May 1. C. No extension of the present lower river non-Indian recreational fishery beyond March 31 shall be allowed that would increase the total (sport and commercial) non-Indian harvest rate of upriver destined spring chinook from the 1983-85 average. C. SPRING CHINOOK 1. Management Goal The management goal as measured at Bonneville Dam shall be based upon agreed-to aggregations of individual escapement goals as described in the subbasin plans. The interim management goal at Bonneville Dam is 115s000 adult spring chinook. Fisheries below McNary Dam shall be managed on the basis of the aggregate spring chinook goal at Bonneville Dam. An interim management goal for the run as measured at Lower Granite Dam is 25#000 natural/wild and 10,000 hatchery adult spring chinook. The Lower Granite goal is for the purpose of determining harvestable fish in the Snake River Basin above that point and to help determine spring chinook stock status and progress toward rebuilding the run. TAC, in consultation with PACt shall annually estimate the natural/wild and hatchery components of the Bonneville and Lower Granite Dam escapements. These goals shall be reviewed and adjusted as appropriate to account for variation in interdam passage loss, production changesp etc. If harvest and escapement goals are not being mett as demonstrated in the PAC and TAC reviews described in Sections III and IV, the Parties shall determine the cause 20 of the problem and negotiate modifications in management measures to better achieve the goals. 2. Harvest Sharing and Rebuilding This Plan is based upon the premise that the ocean harvest of upriver-destined spring chinook south of the southwesterly projection of the United states-Canada boundary between British Columbia and Washington is, and will continue to be, minimal. The ocean harvest of spring chinook shall be enumerated annually by TAC. If ocean harvest of spring chinook raises a point of concern related to catch sharing or achievement of the rebuilding goals of this Plan, the Parties shall review all harvest data, including the ocean harvest. This review shall occur upon the written request of any Party to the other Parties. The review shall be completed in sufficient time prior to the opening of the ocean fisheries to allow for any necessary modification of regulations, production changes, etc.# for that year. As a result of this review, the Parties shall negotiate a modification to this Agreement as appropriate. 3. Fisheries on Under-Escaped Runs On runs up to 112% of the Bonneville management goals treaty and non-Indian fisheries shall be as described in Part II, Sections A and B. 4. Fisheries on Harvestable Runs on runs in excess of 112% of the Bonneville management goal, fisheries under Part II, Section C.3. shall occur and the harvestable surplus over 112% of the management goal shall be shared 50% for treaty Indian fisheries and 50% for non- 21 Indian fisheries, provided that: a. The non-Indian share of the portion of the run between 112% and 125% of the management goal shall not be harvested in the Columbia River below the confluence of the Columbia and Snake Riversl and; b. The treaty Indian and non-Indian shares of the harvestable surplus above 125% of the management goal may be taken in expanded mainstem fisheries (commercial, recreational# C & S)i where the harvest shall be managed according to this Agreement, or may be passed on to tributary C & S and recreational fisheries where the harvest shall be managed according to subbasin plans. Subbasin harvest and production plans are described in Part IIIt Section C of this Agreement. 5. Tributary Harvest Tributary harvest and all harvest in the Columbia River above the confluence of the Columbia and Snake rivers shall be shared as set forth in subbasin plans developed pursuant to Part III. D. SUMMER CHINOOK 1. Management Goal The management goal as measured at Bonneville Dam shall be developed by TAC based upon agreed-to aggregations of individual escapements described in subbasin plans. This goal shall be reviewed and adjusted as appropriate to account for variation in interdam loss, production changes, etc. 22 2. Harvest Sharing and Rebuilding consistent with the rebuilding schedules developed pursuant to the subbasin plans# the Parties shall develop appropriate escapement levels and harvest shares to be permitted on summer chinook in mainstem fisheries. until the run size reaches levels determined in the subbasin plans to be sufficient to permit increased harvest, summer chinook harvest shall be limited to the following fisheries: a. Mainstem treaty Indian C & S platform fisheries as provided in Part II, Section A.2. b. Incidental catch in treaty Indian gillnet fisheries directed at sockeyep steelhead or shadt provided that the incidental catch is minimized and in no event shall the total of such incidental catches exceed 5% of the inriver run size. C. Incidental catch in non-Indian mainstem fisheries directed at sockeye and shad, provided that the incidental catch is minimized and in no event shall the total of such incidental catches exceed 5% of the in-river run size. The ocean interception of Columbia River summer chinook shall be enumerated annually by TAC. If ocean harvest of summer chinook raises a point of concern related to catch sharing or achievement of the rebuilding goals of this Agreementr the Parties shall review all harvest data, including the ocean fishery interceptions. This review shall occur upon the written request of any Party to the other Parties. The review shall be completed in sufficient 23 time prior to the opening of the ocean fisheries to allow for any necessary modifications of regulation, production changes, etc., for that year. As a result of this review, the Parties shall negotiate a modification to this Plan as appropriate. E. SOCKEYE SALMON 1. management Goal The sockeye management goal is 65#000 as measured at Priest Rapids Dam which, under average migration conditions, requires a 75,000 run over Bonneville Dam. 2. Harvest Sharing Sockeye harvest shall be managed according to run size. The run size is determined by the total number of fish entering the Columbia River destined to pass Bonneville Dam. a. on runs under 75,000: harvest shall be limited to mainstem treaty Indian platform and gillnet C & S fisheries in accordance with the following: (i) on runs under 25,000: treaty Indian platforms shall remain open and C & S gillnet fisheries may occur only if agreed to by the Parties. (ii) on runs of 25,000 to 50,000: platforms shall remain open and C & S gillnet fisheries may occur. The combined mainstem platform and gillnet C & S harvest shall not exceed 5% of the run. (iii) on runs of 50j000 to 75,000: platforms shall remain open and C & S gillnet fisheries may occur. The combined mainstem platform and gillnet C S 24 harvest shall not exceed 7% of the run. b. On runs of 75,000 to 100,000: mainstem treaty Indian platform fisheries shall remain open and the harvestable surplus shall be allocated 75% to the treaty Indian fisheries and 25% to the non-Indian fisheries. C. on runs over 100,000: mainstem platform fisheries shall remain open and that harvestable portion of the run over 100,000 shall be allocated 50% to the treaty Indian fisheries and 50% to the non-Indian fisheries. 3. Management Measures Mainstem sockeye gillnet fisheries shall be managed according to the following: a. The sockeye management period for zone 6 commercial fisheries shall be from June 15 to July 15, unless the TAC otherwise determines that a particular run is abnormally timed. b. The provisions of Part II, Sections D.2.b. and D.2.c. shall apply. C. Four and one-half inch maximum mesh size shall be used in both treaty Indian and non-Indian sockeye gillnet fisheries. d. TAC will recommend fisheries to the Parties each year that will achieve escapement and allocation objectives while minimizing catch of nontarget species. 4. Catch Excluded from Allocation Sockeye harvest in the following fisheries is excluded from 25 the harvest sharing formula for runs 75rOOO and above: ocean fisheries# mainstem and tributary C & S fisheries and mainstem and tributary recreational fisheries. However, the sockeye catch in each fishery shall be enumerated annually. F. STURGEON 1 . Management Goals Determination of current status of the sturgeon population is of high priority. Appropriate studies shall be conducted to estimate present and optimum population size, appropriate harvest levelst life history characteristics, recruitment# spawning potential and appropriate sturgeon fishing sanctuaries. 2. Management Measures a. The states shall develop and implement a program to determine the catch of sturgeon by the recreational fishery in the Columbia River above Bonneville Dam. b. zone 6 commercial setline sturgeon fisheries shall be open year-round. The Parties will conduct appropriate research and review fishing sanctuaries within three years after the effective date of this Agreement with the goal of determining sanctuaries necessary for brood stock protection. C. Sturgeon of legal commercial size caught during treaty Indian gillnet seasons open for salmon or steelhead may be sold. G. SHAD Shad runs have been sufficiently large to allow for major expansion of harvest. However# markets are limited and need 26 to be developed for this species. Development of catch methods shall be pursued to promote a sufficient catch of shad while minimizing the catch of other species. The Parties shall seek to minimize the harvest of summer chinook incidental to treaty Indian and non-Indian shad fisheries as set forth in Part II, Sections D.2.b. and D.2.c. H. WALLEYE In order to minimize the take of walleyei there shall be no treaty Indian fishery which targets on walleye. However, the incidental walleye catch during treaty Indian commercial fisheries for anadromous fish may be sold or otherwise utilized. Non-Indian fisheries on walleye shall continue under state regulation which prohibits the sale of walleye. 1. FALL CHINOOK 1. Escapement Goal The interim spawning escapement goal shall be: a. 40,000 naturally spawning Columbia River upriver bright (URB) adults above McNary Dam. The goal for the developing Snake River fall chinook program shall be addressed in the Snake River (mainstem) Subbasin plan. b. Bonneville Pool hatchery (BPH) brood stock necessary to meet hatchery program production requirements. 2. Allocation Treaty Indian and non-Indian fisheries shall share equally (50 percent each) the upriver fall chinook available for harvest in the Pacific ocean south of the southwesterly projection of the United States-Canada boundary between British Columbia and Washington and in the mainstem Columbia 27 River below Priest Rapids Dam. Treaty Indian and non-Indian fisheries in Columbia River tributaries, other than the mainstem Columbia River between McNary and Priest Rapids dams, shall be excluded from this allocation and shall be governed by the subbasin plans. 3. Fishing Areas Commercial fall chinook fisheries in Zone 6 of the Columbia River shall be reserved exclusively for treaty Indian fisheries. Except as otherwise permitted under Section J.2.c.i. and this Section, Zones I through 5 shall be reserved exclusively for non-Indian fisheries. When necessary to achieve the allocation objective of Part II, Section I.2, and when agreed to by the management entities treaty Indian commercial fall chinook fisheries may occur below Bonneville Dam and treaty Indian and non-Indian fisheries may occur between McNary and Priest Rapids dams. 4. Fishing Patterns Consistent with the allocation formula in Part II, Section I.2, the management entities shall manage their fisheries to provide the majority of the URB fall chinook harvest opportunity to the treaty Indian fisheries in Zone 6 and the majority of the BPH fall chinook harvest opportunity to the non-Indian fisheries. Consistent with these fishing pat-terns the management entities shall manage the non-Indian fisheries so that sufficient numbers of 8PH fall chinook pass Bonneville Dam to meet hatchery needs without disturbing traditional treaty Indian fishing patterns- in 28 Bonneville Pool. 5. Fishing Regimes Annual ocean and inriver fishing regimes shall be established by the respective management entities, pursuant to the following schedule to meet the allocation and other provisions of this Section 1: a. Late February/early March: management entities confer as needed to review run size and harvest data and prepare ocean chinook fisheries options for consideration by the Pacific Fishery Management Council that would be required to meet the allocation requirements of this Agreement. b. March and April: prior to final Pacific Fishery Management Council action on ocean salmon fisheries, management entities meet as needed to calculate the ocean chinook quota for fisheries north of Cape Falcon and the parameters of the inriver fall chinook fisheries. C. April and May: Pacific Fishery Management Council and Secretary of Commerce set ocean fishing regulations for chinook fisheries north of Cape Falcon. Such regulations shall comply with the allocation and other requirements of this Section 1. d. August-November: Columbia River Compact and relevant management entities set inriver fall chinook seasons and regulations. Such regulations shall comply with the allocation and other requirements of this Section I. 29 6. Emergency modification Whenever the projected quantity of the URB or BPH fall chinook is not large enough to meet the escapement goals, allocation formulas and fishing patterns provided herein, the management entities shall negotiate a modification to this Agreement for that year. 7. Termination Unless the Parties to this Agreement unanimously agree to an extension or modification, Part II# Section I of this Agreement governing fall chinook shall terminate without further action of the Court upon the filing with the Court of a Notice of Termination by a Party to this Agreement if either the United States-Canada Pacific Salmon Treaty or the Stipulation and order of March 71 1985 in Confeder-ated Tribes V. Baldrige, 605 F.SUpp. 833 (W.D. Wash. 1985) is terminated. B. Allocation Imbalances a. Definition of Harvestable Share The objective of the allocation formula of Part II, Section I.2. is to equalize the opportunity of the treaty Indian and non- Indian fisheries each to catch 50 percent of the harvestable fish. Each side's share is based on the calculated number of fish available for harvest (as measured in Bonneville Dam adult equivalents), not the actual catch. Harvestable shares and actual catch shall be determined from the best available post-season data. 30 b. Deviations in Actual Catch The Parties recognize that the actual catch will often deviate from the harvestable shares because of management imprecision# the use of inseason run size data to manage fisheries, and other factors. These deviations may, in some instances, create an allocation imbalance. If a deviation results in an allocation imbalance, it shall be corrected by a later adjustment in the harvest shares. C. when An Allocation Imbalance Occurs An allocation imbalance generally occurs when one side's actual catch exceeds its harvest share, thus preventing the other side from fully harvesting its share. This includes situations where the Parties have agreed to an emergency deviation from the 50-50 sharing formula, and have adopted for that season a different allocation formula. The Parties agree that flexibility must be used in determining whether an allocation imbalance has occurred, and that the effects of inseason management imprecision must be considered. Accordinglyt in determining whether an allocation imbalance has occurred, the Parties shall consider whether the best available in-season data indicated that the run size was larger or smaller than the post-season data showede and the effect the knowledge of such inseason data had on each side's opportunity to harvest its share. 31 d. Adjustment Consiste nt with the other provisions of this Agreement, and unless otherwise agreed to by the management entities, a harvest allocation imbalance in any one year of 5% or greater shall be corrected in the following year's fall chinook fisheries. An allocation imbalance in any one year of less than 5% shall not be corrected; provided, however, that any three consecutive years with an imbalance each year of less than 5% which represents a cumulative imbalance of 10% or greater shall be fully corrected in the fourth year. The percentage value of an allocation imbalance is the plus or minus percentage deviation from the harvestable share (normally 50 percent). Correction of an allocation imbalance may include an adjustment in fishing areasp as provided in Part IIt Section I.3. J. SUMMER STEELHEAD This Section II# J is intended to govern steelhead management for three years (1986-1988). During that time, natural/wild steelhead escapement trend information, fishery performance# hatchery fish supplementation actions and longer term escapement goals will be evaluated in more detail. The Parties expect that information on the biological status of natural/wild steelhead will improve substantially during the three year term of this steelhead Section. After the 1988-1989 run year, the interim management goals, escapements fisheries needs and harvest guidelines will be reviewed by the Parties as provided in Part I, Sec. F.2.b. If, based upon this review, the 32 harvest, production and escapement objectives are determined to be inappropriate or are not being met# modifications to this Section J shall be negotiated. During the three year term of this steelhead section, the Parties agree to undertake, consistent with their respective authorities, harvest management, biological monitoring and production activities as provided herein so that appropriate long-term escapement objectives for natural/wild steelhead can be determined. Management Goals a. For the three year term of this steelhead section the interim natural/wild summer steelhead management goal shall be an aggregation of individual subbasin stocks as measured at Bonneville Dam. This interim management goal consists of 75,500 natural/wild steelhead (62,200 Group A and 13,300 Group B), which is expected to produce 30,000 natural/wild steelhead above Lower Granite Dam under present production and average upstream passage conditions. The Parties will strive to make progress toward this goal during the term of this Agreement. b. The Bonneville Dam run size count shall be the basis upon which mainstem harvest decisions are made. The Lower Granite Dam count is to be used as a primary tool for assessing natural/wild steelhead tributary escapement into the Snake River system. 33 C. A monitoring program to assess natural/wild steelhead stock size shall continue. It is the intent of the Parties to estimate natural/wild summer steelhead trends at Bonnevilles Lower Granite, Priest Rapids and MCNary dams. Efforts to improve estimates of tributary spawning populations are required. d. Annual estimation of the natural/wild summer steelhead harvest in treaty Indian and non-Indian fisheries shall continue. monitoring programs to improve estimates of tributary harvest and mainstem non-Indian gillnet mortality shall be undertaken. 2. Harvest Guidelines a. Because of the concurrent run timing of Columbia River salmon and summer steelhead, the Parties will develop salmon and steelhead fisheries based upon the best available data concerning stock abundance# harvest sharing, and the needs of ocean and inland fisheries for each run. b. Each year, the relative abundance of the Group A and Group B components of the summer steelhead run shall be taken into consideration in the establishment of fishing seasons so that the tributary fishing opportunities of the Parties are not precluded, and that the treaty Indian and non-Indian fisheries are each provided an opportunity to harvest a fair share of the salmon and steelhead runs. Neither the treaty Indian or non-Indian catches shall exceed 50% of the aggregate of harvestable steelhead (hatchery plus 34 natural/wild) in the mainstem and tributaries. C. Fisheries for other species such as fall chinook shall be structured to take into account the relative strength of the Group A and Group B components of the steelhead run. In such instances where harvest restrictions on the Zone 6 treaty Indian fall season fishery are necessary to protect Group A and/or Group B natural/wild steelheadf as described in Part II, Section J.3, the Parties will undertake negotiations to consider the following: (i) Fall chinook harvest opportunity foregone, and opportunities for the treaty Indian fishery to take additional fall chinook at other locations above McNary or below Bonneville dams as agreed by the management entities. (ii) Hatchery steelhead harvest opportunity foregone in Zone 6 as a result of harvest restrictions to protect natural/wild steelhead, and opportunities for the treaty Indian fishery to use other methods or areas of harvest so that tribal harvest of hatchery steelhead can be achieved. (iii) Additional hatchery supplementation needed to offset natural/wild steelhead shortfalls for that brood year. (iv) Additional harvest opportunities for other stocks, such as coho or sockeye, to offset lost hatchery steelhead and/or fall chinook harvest opportunity. 35 3. Base Fishery Zone 6 For purposes of this Agreement# the Zone 6 treaty Indian steelhead base fishery is defined as that fishery which results in the harvest impact on Group A and Group B natural/wild steelhead similar to that experienced in the fall chinook fishing period for the years 1984-1985. Accordingly, the natural/wild steelhead impacts during the fall chinook and coho management period in the Zone 6 treaty fishery will not exceed 15% and 32% for Group A and Group B natural/wild steelhead, respectively, on runs less than 75j500 natural/wild steelhead. This base level impact is designed to permit treaty Indian fall chinook harvest consistent with Part II, Section I, and to permit the treaty Indian fishery to take a share of the harvestable run of steelhead. 4. Directed Fisheries on Steelhead Treaty Indian fisheries for the purpose of taking steelhead may be established outside the fall chinook and coho manage-ment period provided that such fisheries maintain a Bonneville equivalent escapement of 75j500 natural/wild steelhead, or, do not exceed the 15% and 32% total harvest rate guideline in Zone 6 for Group A and Group B steelhead, respectively, on runs less than M500 natural/wild steelhead. 5. Production Actions The Production Advisory Committee (PAC)r described in Part IV shall, within six months after the effective date of this Agreement, conduct a detailed review of present hatchery 36 programs. Hatchery fish supplementation strategies shall be developed and implemented concurrently with the harvest management and biological evaluation actions of this Section. Production supplementation recommendations shall be made by the PAC and recommended to the Parties for approval and implementation. For the next three years the Parties anticipate that the following streams will continue to be managed for wild steelhead, without hatchery supplementation: John Day, Wenahal Middle Fork Salmon, and Selway. During that periode the Parties shall conduct studies to determine the effect of this designation on harvest management, and to assess wild stock rebuilding. Evaluation shall be conducted as part of subbasin plan development. All other streams are eligible for outplanting with appropriate stocks of hatchery fish. The Parties agree to conduct studies to evaluate the effectiveness of outplanting. K. COHO SALMON 1. It is the intent of the Parties to provide expanded harvest opportunities for treaty Indian fisheries within tributary areas for early coho stock and within the mainstem area for late coho stock. it is also expected that early coho will be caught incidentally to fall chinook and steelhead mainstem fisheries in Zone 6. 2. Existing or enhanced upriver coho stocks will not be subject to a formal allocation scheme. In lieu of a formal allocation and consistent with the objective to provide 37 A@ additional tributary harvest opportunity, the Parties agree that the following additions and modifications to the current Columbia River artificial production program shall be implemented: a. Beginning in 1987, 700,000 early coho smolts from Cascade, or other appropriate hatcheries shall be committed annually for transport and release into the Yakima River system to provide for a directed tribal harvest within the Yakima River system. The brood stock required to maintain this program shall be obtained from lower river hatchery facilities. b. Beginning in 1987, two and 1/2 million late coho smolts from Washougal or other appropriate hatcheries shall be committed annually for transport and release at the Klickitat Hatchery. C. Beginning in the spring of 1988t one million early coho smolts from Cascade or other appropriate hatcheries shall be committed annually for transport and release into the Umatilla River system. The majority of these smolts will be released at the Minthorn Springs and Bonifer Acclimation facilities within the boundaries of the Umatilla Indian Reservation in Oregon, to provide for a directed tribal harvest within the Umatilla River system. The brood stock required to maintain this program shall be obtained from lower river hatchery facilities. 38 3. After five years, the Parties shall consult on the effectiveness of the above coho programs and modify or adjust this Section of the Agreement as appropriate. L. LAMPREY There shall be no commercial harvest of lamprey in Zone 6 and its tributaries. This does not prevent trade or barter among Indian tribes, or harvest for personal use by non- Indians. The Parties will seek to develop, in coordination with the U.S. Army Corps of Engineers, a method for harvesting lamprey from dam fishways that will not adversely impact fish passage. The Parties agree to work with the U.S. Army Corps of Engineers to provide the resulting harvest to Indian tribes for their ceremonial or subsistence use. III. ARTIFICIAL & NATURAL PRODUCTION A. Purpose The Parties have joint and several responsibilities for conserving, rebuilding, and enhancing the anadromous fish of the upper Columbia River Basin. The intent of the Parties is to develop, and implement those agreed-to production orientated actions to achieve the goal of rebuilding upriver anadromous runs, as determined by indicator stocks, within 15 years (three brood cycles). The production planning aspect of this Agreement is designed to assure that rebuilding and harvest allocation objectives are achieved concurrent with restoration of the runs. Present and future artificial production programs shall be integrated with 39 natural production as described herein. It is the intent of the Parties to develop and maintain a common information system that will facilitate production of the following reports and provide the Parties with timely access to hatchery and natural/wild fish production information through a centralized electronic data retrieval system. B. Required Reports 1. Production Base Report (PBR) A Production Base Report (PBR) shall be prepared by PAC within six months after the effective date of this Agreement and at least every five years thereafter. This report shall describe -the current status of artificial and natural production within the Columbia River Basin including any modifications arising from this Agreement. a. The PBR shall include for each artificial production facility: M basic biological information on stocks and species reared; (ii) juvenile and adult fish release information including time and location of release; (iii) modifications to the existing program necessary to improve effectiveness and to meet production needs defined in this Agreement and as contained in Appendix B. (iv) fish marking or other evaluation program measures conducted on an annual basis; (V) a description of problems and/or constraints to 40 full and efficient utilization of the facility and opportunities for correcting these problems-, (vi) opportunities for appropriate expansion of the facility; and (vii) current funding source and level. b. The PBR shall include for each natural/wild production unit: M the recent (5-10 years) history of production measured in terms of adults, juveniles or bothi depending on data availability; (ii) an estimate of maximum production potential under 1) existing; and 2) restored habitat conditions if information is presently available; and (iii) identification of indicator stocks for each species to be used to evaluate rebuilding progress. 2. Annual Brood Planning Report (ABPR) By January 15 of each yeart the PAC shall prepare an Annual Brood Planning Report (ABPR). This report shall coordinate statel federal, and tribal artificial and natural/wild fish production actions for each designated subbasin and artificial production facility. This report shall include: a. status report on subbasin planning efforts; b. rearing and release plans for juveniles by species/stock# including transfers between facilities, and supplementation levels identified 41 for subbasins; C. recommendations for production evaluation studies, stocks to be tagged for this purpose, level of tagging necessary for effective evaluation; and d. measures to implement those efforts described under Part III, Section D below; and e. any anticipated deviations from the Production Base Report. 3. Annual Production Report (APR) By February 15 of each year, the PAC shall coordinate the compilation of an Annual Production Report (APR) which sets forth information for the previous calendar year on each natural/wild production unit, each species and each artificial production facility. 'This report shall include applicable information regarding: a. total jack and adult returns; b. age and sex composition; C. egg-take or potential egg deposition; d. CWT's recovered; e. disposition of returning fish not used for propagation at a facility (adult releases, killed and sold, etc.); f. estimates of total natural spawner abundance: and 9. estimates of natural juvenile outmigration. If any of the above information is unavailable it shall be so indicated. 42 C. Subbasin Plans 1. The fishery management entities indicated below shall have primary responsibility for developing tributary harvest and production plans for each of the following subbasins: Fishery Fishery Fishery Management Management Management Subbasin Entities Subbasin Entities Subbasin Entities wind WA/YIN Salmon ID/NP/SB* Little white Salmon WA/YIN Hood/15 mile OR/WS Clearwater ID/NP Big White WA/YIN Deschutes OR/WS Snake WA/OR/NP/ID Salmon (Mainstem) UMA Umatilla OR/UMA John Day OR/WS/UMA Columbia WA/OR/YIN/ Upper UMA Mainstem Klickitat WA/YIN Walla Walla OR/UMA/WA (Confluence of Snake R. Yakima WA/YIN Tucannon WA/OR/UMA/NP to Chief Joseph Dam) Wenatchee WA/YIN Ebtlat WA/YIN Grande Ronde OR,/UMA/NP Methow WA/YIN Imnaha OR/UMA/NP The Shoshone-Bannock Tribes# although not a party to this plans shall be deemed a management entity for purposes of those portions of the Salmon River subbasin plan which concern those lands and streams outside the Nez Perce Reservation originally established by the Nez Perce Treaty of 1855 where the Shoshone-Bannock Tribes exercise treaty-secured fishing rights* and such other subbasin areas as may subsequently be agreed upon by the affected parties hereto. 2. Harvest and production management plans for each subbasin will be developed cooperatively by the affected state, tribal, and federal entities in consultation with other relevant entities. 43 3. Subbasin plans shall apply the principles standards# and procedures contained herein to guide natural and artificial production planning. 4. Subbasin plans will describe specific strategies to rebuild the resource within 15 years (or three brood cycles) to a level consistent with the basin-wide objectives described herein. a. Each subbasin plan will define the level of spawning escapement necessary to produce: (i) present adult returns; (ii) maximum total adult returns; and (iii) maximum surplus-adult returns. The basis for estimating each of the above escapement levels shall be documented. b. Where the above escapement levels cannot be reasonably estimated from available data, a management strategy designed to obtain the necessary scientific information shall be specified. C. The subbasin production and harvest plans shall be consistent with other sections of this Agreement. d. Each Party may define its own benefits# develop harvest plans, and generally manage its fishery so long as its management does not adversely impact the subbasin harvest allocation of another Party or the production and harvest plans of this Agreement. 44 a. mitigation and enhancement activities agreed to pursuant to this Agreement shall be conducted to meet management objectives of this Agreement consistent with applicable law. Current fishery programs which may frustrate this plan shall be reviewed and appropriate modifications made or recommended as permitted under applicable treaties laws, or agreements. f. Strategies for each subbasin will be developed to establish subbasin harvest sharing, and to evaluate natural/wild stock rebuilding progress. 9. Where the relevant Parties disagree upon the inclusion of existing management plans or policies, such plans or policies may be referred to the PAC and/or TAC, as appropriate for independent evaluation and recommendations. h. The PAC shall serve as a basin-wide panel for coordination and facilitation of subbasin production plan development. i. upon request, PAC or TAC may serve as an independent forum for reviewing and resolving technical disputes among the Parties arising from subbasin planning# harvest or production activities. D. Artificial Production Modifications 1. The Parties agree to the Columbia River Basin hatchery program described in Appendix B subject to the modifications required by Part II* Sections J.5, 45 K.2.a.b.c., and Part IIIp Sections B.l# and B.3. 2. The Parties agree to immediately implement those 'short-term program adjustments" described within Appendix B which can be accomplished within the next three years under existing hatchery production and funding levels. 3. Further, the Parties agree to identify long-term program adjustments in addition to those identified in Appendix Bt including expansion of or additions to existing hatchery programs necessary to meet identified fish supplementation needs of the Parties. These long-term needs shall be designed to compliment harvest, production, and rebuilding needs of this Agreement. To the extent that these measures require additional funding, the state and tribal management entities shall work together to obtain necessary authorizations and appropriations. 4. The Parties agree to undertake at least the following actions: a. evaluation of sites suitable for release of hatchery fish at levels of release compatible with natural propagation and harvest management; b. rearing and transfer of biologically appropriate fish from existing hatcheries to release sites in the Upper Columbia River Basin to restore natural spawning populations; and 46 c research to determine the effectiveness of these programs through improved methods of supplementing naturally spawning stocks with compatible stocks of hatchery fish in the Upper Columbia River Basin. IV. PROCEDURES A. Technical Advisory Committee A Technical Advisory Committee (TAC) is hereby established to develop, analyzer and review data pertinent to this Agreement and to make reports and technical recommendations regarding harvest management. members shall be qualified fisheries scientists familiar with harvest management of Columbia River fish runs. The TAC shall be comprised of one technical representative of each of the following entities: Idaho, Oregon, Washington# the Nez Perce Tribe, the Umatilla Tribe# the Warm Springs Tribe, the Yakima Indian Nation, the Shoshone-Bannock Tribes, the United States Fish and Wildlife Service, and the National Marine Fisheries Service; provided that the State of Washington may have separate representatives from each of its Departments of Fisheries and Game. 1. In December of each year, the Technical Advisory Committee shall choose from among its members a Chairman members for the following year; provided there shall be no limitation on the number of terms any person may serve as Chairman. Unless otherwise agreedp 47 the entity represented by the Chairman shall be responsible for providing administrative and logistic support to the TAC. 2. The Technical Advisory Committee shall meet periodically during the year in basic accordance with the attached Appendix At or any then-applicable ,replacement schedule# or as otherwise needed. 3. Prior to the earliest contemplated or requested opening of any fishery that is subject to the requirements of this Agreement, and continuously thereafter until the close of such fishery and the final compilation of catch and escapement data for runs affected by such fishery, each Party shall promptly and continously make available to each other Party copies of datap information# forecasts, estimates, forecasting procedures, methods, models, and other information available to or used by such Party in determining management policies and the timing, location, scope or conditions of any contemplated or requested fishery that would be subject to the provisions of this Agreement. included in the foregoing shall be any materials pertaining Columbia River stocks of fish furnished by such Party to the United States Section of the Pacific Salmon Commission# the Pacific or North Pacific Fishery Management Councils or the Department of Commerce. The material shall be exchanged through the Technical Advisory Committee when timely, or through such representative as a Party has specified in 48 writing as its agent for this purpose when the circumstances do not allow for timely communication through the Technical Advisory Committee. 4. Prior to any Party's distribution to any state, federal# or tribal management entity a report concerning potential fishing regulations on any fishery subject to this Agreement, the members of the TAC shall, to the extent that time permits, exchange all relevant data and review the Parties' respective recommendations for fisheries. 5. If the TAC is unable to achieve consensus upon a technical issue, the Chairman of the TAC shall, upon the recommendation of any Party's TAC representative, request that the Court's technical advisor review the various technical conclusions and attend the next meeting of the TAC on that matter. a. The role of the Court's technical advisor shall be that of a facilitator, not an arbitrator. The technical advisor shall preside over the discussion and endeavor to facilitate settlement of the unresolved issue. b. When, in the opinion of the Court's technical advisor, the Parties are unable through such facilitation processes to achieve consensus, the Chairman of the TAC shall include the matter in a report to the relevant management entities. The report shall include a consensus description of 49 the unresolved technical issues. 6. Reports to the Management Entities The reports required by the schedule in Appendix A and this section shall be submitted to the Parties and the management entities and shall state those topics on which technical consensus has been achieved. If there is no consensus, the report shall set out each member's recommendations and identify the data and information which supports those recommendations. The TAC shall make good faith efforts to ensure timely compilation and distribution of reports to the Parties and relevant management entities. Except in cases of emergencies which preclude such advance distribution, all reports and recommendations shall be distributed to the members of the relevant management entities at least ten days prior to the meeting at which recommendations are to be considered. B. Production Advisory Committee Coordination of production and harvest management is essential to the successful implementation of this Agreement. Accordingly, a Production Advisory Committee (PAC) is hereby established to coordinate information, review and analyze existing and future artificial and natural production programs pertinent to this Agreement and to submit recommendations to the management entities. Members shall be qualified fisheries scientists familiar with Columbia River artificial and natural fish production. The PAC shall be composed of one representative of each of the following entities: Idaho, Oregon, Washington, the Nez 50 Perce Tribe, the Umatilla Tribe, the Warm Springs Tribe, the Yakima Indian Nation, the Shoshone-Bannock Tribes, United States Fish and Wildlife Service, and National marine Fisheries Service; provided that the State of Washington may have one separate representative from each of its Departments of Fisheries and Game. 1. In December of each year, the committee shall select from among its members a chairman for the following year. Unless otherwise agreed, the entity represented by the chairman shall be responsible for providing administrative and logistic support to the PAC. 2. The Production Advisory Committee shall meet periodically during the year in basic accordance with the reporting requirements in Chapter III.B. or as otherwise needed. 3. The reports and recommendations of the Committee shall be summarized in writing, and shall express the consensus views and recommendations of its members whenever possible. In instances where a consensus view is not possible, alternatives shall be displayed, accompanied by relevant technical and other supporting data. These reports and recommendations shall be submitted to the Parties and the affected governmental and management entities. The Parties shall consider such documents in decision-making and in determining compliance with this Agreement. 51 4 If the PAC is unable to achieve consensus upon a technical issue, the Chairman of the PAC shall, upon the recommendation of any Party's PAC representative, request that the Court's technical advisor review the various technical conclusions and attend the next meeting of the PAC on that matter. a. The role of the Court's technical advisor shall be that of a facilitator, not an arbitrator. The technical advisor shall preside over the discussion and endeavor to facilitate settlement of the unresolved technical issue. b. When, in the opinion of the Court's technical advisor, the Parties are unable through such facilitation processes to achieve consensus, the Chairman of the PAC shall include the matter in a report to the relevant governmental and management entities. The report shall include a consensus description of the unresolved issues. 5. Reports to the Management Entities The reports required by this section shall be submitted to the management and other relevant governmental entities and shall state those topics on which technical consensus has been achieved. if there is no consensus, the report shall set out each member's recommendations and identify the data and information which supports those recommendations. The PAC shall make good faith efforts to ensure timely compilation and distribution of reports to the relevant entities. 52 C. Policy Committee 1. A Policy Committees composed of a policy representative appointed by each Party, is hereby established. The purpose of the Policy Committee is to facilitate cooperative action by the Parties with regard to fishing regulations, policy disputes, coordination of the management of fisheries on Columbia River runs and production and harvest measures. 2. The Policy Committee shall designate a chairman and meet at such times as are appropriate to conduct the business described in this Agreement. The Policy committee shall annually designate a chairman. The committee shall adopt appropriate rules to govern its proceedings and the chairman shall provide all Parties with notice of meetings. 3. The Shoshone-Bannock Tribes, although not a party to this plan, shall be entitled to participate as a full member of the Policy Committee for all issues concerning the Salmon River subbasin. D. Dispute Resolution Procedure 1. Consistent with the foregoing Sections At B and Ct the Technical Advisory Committee, the Production Advisory Committee and the Policy Committee shall strive to identify at the earliest possible time, points of agreement and disagreement among the Parties. Points of disagreement shall be referred for dispute resolution as herein prescribed unless the Parties agree on other means for resolving them. 53 2. A point of disagreement shall be denominated a technical issue if the members of the Technical Advisory Committee or Production Advisory Committee so describe it. The members of the Technical and Production Advisory Committees shall make a good faith effort to resolve technical issues. A point of disagreement shall be denominated a policy issue if any Party's representative to the Technical or Production Advisory Committees so describes it. Policy issues shall be referred to the Policy Committee. 3. If the Technical 'or Production Advisory Committee is unable to achieve consensus upon a technical issue, the procedure outlined in IV.A.5 and IV B.4 shall apply. 4. if the Technical or Production Advisory Committee is unable to achieve consensus upon a technical issue following use of the procedure established by IV A.5 or IV B.4, the chairman of the Technical or Production Advisory Committee shall refer the matter to the Policy Committee for its review and consideration. The minutes of the Technical and Production Advisory Committee's meeting shall include a consensus description of the unresolved technical issue, the different Parties' positions thereon, and the views or recommendations of the technical advisor. The chairman shall submit to the Policy Committee the minutes of the Technical or Production Advisory Committee and copies of documents considered in the Committee's deliberations. 54 5. Upon notice of a disputes the Policy Committee chairman shall establish a date and place for the Policy Committee to consider the dispute, taking into consideration any emergency circumstances. 6. The Policy Committee shall review any reports and discuss disagreements and attempt to reach resolution of matters referred to it. The Policy Committee may identify any additional technical issues and data needs. Unless the Policy Committee unanimously agrees otherwise the proceedings of the committee shall remain confidential, although a Party may use the materials which it prepared and submitted to the Committee. on issues for which the Policy Committee is unable to reach a consensus decision, each Party may provide the appropriate management or other relevant entity a statement in support of its position on the disputed issue. The statement shall identify the data and information which support the Party's position but may be abbreviated as required to permit timely action by the entity. 7. The Parties recognize that emergency matters may require judicial action. Accordingly, nothing herein shall be construed as limiting any Party's right to seek judicial relief. However, the Parties shall make every reasonable effort to use the foregoing dispute resolution procedures prior to initiating judicial action. 55 E. Regulation of Mainstem Treaty Indian Fisheries 1. Purpose The tribes and the states of Oregon and Washington currently share regulatory jurisdiction over mainstem treaty Indian fisheries. This requires compatibility of tribal and state regulations. The purpose of this section is to promote effective tribal/state co-management and facilitate enforcement by insuring compatibility of tribal and state law. With the exception of treaty Indian fisheries @uring any fall chinook commercial season between McNary and Priest Rapids damsf regulation of tributary treaty Indian fisheries shall be governed by the subbasin plans. 2. Permanent Regulations All tribal and state regulations applicable to mainstem treaty Indian fisheries other than seasonal regulations as defined in Part IV subsection E.3, shall be reviewed annually as follows: a. First year of this Agreement In the first 12 months of this Agreement, all existing permanent tribal regulations and all existing permanent state regulations shall be distributed to the member entities of TAC at least 90 days prior to the date of the first Compact hearing of 1989. A tribe or state shall indicate to TAC at least 60 days prior to the date of that first Compact hearing those tribal or state regulations requiring review. b. Subsequent years After the first annual review of permanent tribal or state regulations, subsequent annual reviews shall be limited to those existing 56 regulations which a tribe or state requests be reviewed because of changed circumstances, or those regulations on which the tribes and states had expressly agreed to defer a formal request for review. Any request for review shall include a specification of the changed circumstances. C. -New state regulations Any proposal submitted to the Compact or to an Oregon or Washington fisheries regulatory agency for a new permanent state regulation shall be distributed to all member entities of TAC at least 90 days prior to the date proposed for agency action on such regulation. A tribe or state shall indicate to TAC at least 60 days prior to the date proposed for agency action whether it believes such regulation requires review or modification. If no tribe or state requests review or modification within that time, the state or Compact agency may, if permitted by its rules, then approve or reject the proposal without change. d. New Tribal Regulations Any proposal by a tribe to adopt a new permanent tribal regulation shall be distributed to all member entities of TAC at least 90 days prior to the date proposed for tribal action on such regulation. A tribe or state shall indicate to TAC at least 60 days prior to the date proposed for the tribal action whether it believes such regulation 57 requires revision or modification. If no state requests review or modification within that timel the tribal governing body may then approve or reject the proposal without change. a. TAC review TAC shall meet to consider all permanent state and tribal regulations requiring review. TAC .review and, if necessary, dispute resolution shall proceed as provided for in Part IV, Sections A, C & D prior to agency or tribal action. 3. Seasonal Regulations For purposes of this Agreement, a seasonal regulation is a regulation for mainstem treaty Indian fisheries enacted by a tribe# the State of Oregon, the State of Washington or the Columbia River Compact opening, modifying or closing a season, or establishing or revising limitations for these fisheries. The tribes and Oregon and Washington shall make every effort to agree on seasonal regulations for mainstem treaty Indian fisheries to be adopted by the tribal governing bodies, state agencies, and Columbia River Compact. Agreement on seasonal regulations shall be sought using TAC review and dispute resolution, as provided in Part IV, Sections A, C & Di prior to agency or tribal action. 4. Adoption of Tribal Regulations Whether or not the agreed upon state/tribal regulatory scheme contemplated in this Part IV, Section E. occurs, the tribes shall enact permanent and seasonal tribal regulations for each mainstem treaty Indian fishery. Tribal regulations# whether consistent or inconsistent with state regulations, shall be promulgated 58 and served on all parties as follows Permanent tribal regulations must be adopted and served within thirty (30) days after enactment of the corresponding permanent state regulations but not less than twenty-four (24) hours before the effective date of the permanent state regulation; seasonal tribal regulations must be adopted and served not less than twenty-four (24) hours before the effective date of the corresponding seasonal state regulations. The enactment of tribal regulations which are inconsistent with state regulations shall be deemed to be notice of tribal disagreement with the inconsistent provisions of those state regulations. Such inconsistencies shall be expressly identified in writing when serving the tribal regulations in accordance with this Part Zvi subsection E.4. 5. Enforcement of Agreed Upon Tribal Regulations a. The tribes, Oregon# Washington and the United States agree that the tribes shall bear primary responsibility for enforcing agreed-upon seasonal and permanent regulations applicable to mainstem treaty Indian fisheries. b. To carry out this responsibility# the tribes agree to commit# to the maximum extent possible, the police, prosecutorial, and judicial resources necessary to ensure compliance with tribal regulations governing mainstem fisheries. C. To assist the tribes in carrying out this responsibility, Oregon and Washington and the United 59 states shall negotiate with each tribe for agreements to refer to the tribes for prosecution under tribal law those tribal fishermen cited by state or federal enforcement officers for violating agreed upon mainstem fishing regulations and to cooperate with tribal authorities in making evidence and testimony available .in tribal court proceedings. As part of each referral agreement, the tribe shall report the disposition of the tribal prosecution to the state or federal law enforcement agency making the referral. Except as provided in the referral agreements entered into under this Part IV, subsection E.S.C.* the states of Oregon and Washington and the United States shall retain authority to prosecute violations of applicable laws or regulations in state or federal court, respectively. In no event shall cases referred to tribal court subsequently be prosecuted in state court unless there were no charges filed in tribal court. d. If Oregon# Washington or the United States believes that a tribe or tribes is not carrying out its responsibilities under this section to enact and enforce agreed-upon mainstem fisheries regulations# it may refer the matter to the Policy Committee for dispute resolution as provided in Part IVf Sections C 1. and 2. and D 5.j 6. and 7. 6. Legal Effect of Agreed Upon State Regulations The parties do not agree on the legal effect of agreed upon state/tribal regulations for the purposes of state or federal prosecution 60 to enforce such state regulations. The parties enter into this Part IV, Section E as an alternative to litigation of this legal dispute at this time. The parties agree thatt except as otherwise provided in Part Ip Section F.5., this Part IV, Section E shall be in effect until June 30v 1989, and that during this time the states and the United States shall not assert in any state or federal court proceeding the claim that agreed upon state regulations are presumed valid as a matter of law. After June 30* 1989, all provisions of this Part IV# Section E shall be subject to renegotiation or modification. 7. Disposition Reports In order to assure that the parties are apprised of efforts to enforce regulations and prosecute violations of mainstem fisheries regulations, the tribes, the states of Oregon and Washington and the United States agree to provide disposition reports to the Policy Committee in the manner and form prescribed by that committee. The Policy Committee may utilize the Columbia River Law Enforcement Committee to carry out its responsibilities under this subsection E.7. 8. Tribal Self-Regulatory Status Nothing in this agreement is intended or shall be interpreted to limit any tribe's right to seek from the Court in United States v. Oregont Case No. 68-513, self-regulatory status pursuant to the standards for tribal self-regulation comparable to those identified by the federal court in United States v. Washington, 384 F.Supp. 312t 340-42 (W.D. Wash 1974). 61 APPENDIX COLUMBIA RIVER HANAGNMENT' SCHEDULE WINTER SPRING SUMMER Management Period: January-March April-may June-July Species: Lower River Spr Chinook Upriver Spr Chinook Sum Chinook Sturgeon Sockeye shad Shad ***ANNUAL MEETING - KID-DBCMM*** Post Season mid-Dec-Rough stock accounting Mid-December Mid-December June I Mid-Feb-PFMC and preseason Mid-june-Final forecasts Staff report preparations Early January 2nd-4th wk mid-June Late July and TAC review April Regulations adopted 3rd wk January 3rd-4th week 3rd week Ist wk August (commercial) April June In-Season Prescheduled: modifications As'needed An needed As needed ist wk September 2nd wk September and as needed PRODUCTION SUMMARY: Appendix R The Production Acivisory Committee will review and update technical information regarding lonc term produ tion program needs will be modified by the Parties as new information develops. TABLE 1. EXISTING AND PROGRAMMED FACILITIES - SPRING CHINOOK SHORT STATE STATION CURRENT PRODUCTION PROGRAM ADJUSTMENTS LONG OR ALL CURRENT STATIONS Maintain smolt capacity including Same Same add on at lower Snake & Umatilla HERMAN CH. PONDS varies Rear .5 M spring chinook for release to Bonneville Pool tribe. LOOKINGGLASS 1.4 M smolts released in Grande Continue Same R. Lookingglass/Imaha ROUND BUTTE 0.3 M molts release in Continue Same (including ladder Deschutes R. rearing) WARM SPRINGS .7 M smolts +0. 5 m molts EXTRA LOWER SNAKE AND intermittent surplus excess to Irrigon Construct UMATILLA PROGRAM for NE ID RAPID RIVER 3.0 M Consider adj. of Bells Canyon agreement DWORSHAK 1.2 M smolts Consider tributary release 50% release 50% release KOOSKrA .4 M ChSp amolts from hatchery .4 M release Same (hatchery/tribs?) SAWTOOTH 2.3 M amolts (goal) Reach Production Goal 60'k release 40% release RED RIVER .350 M same same CLEARWATER ANADROMOUS Hatchery being developed 1.37 M smolts Complete HATCHERY (10ft CLEARWATER - Complete. SATELLITES Acclimation 2.0 M PAHSIMER01 .086 M ChSp (1986) Change to ChSu (below) same McCALL 1.0 M ChSu amolts (1986) sme 1.1 M ChSu amolts (1987) PARSTMEPOT .3 K Ch"IW7 @Itm (10AC) I M Mob, @It-x TABLE 1. EXISTING AND PROGRAMMED FACILITIES - SPRING CHINOOK SHORr TERI STATE STATION CURRENT PRODUCTICN PROGRAM ADJUSTMENTS LONG WA CARSON 2.4 M amolts PAC examine Klickitat productivity Expand improvement using Caraon stork. L. WHITE SALMON 0.5 M mrolts 0.5 M fingerlings to Herman Cr. Expand 1.0 M May fingerlings Rear for smolt release in Bonneville Reduce Pool tributaries. BIG WHITE SALMON Etpand KLICKITAT 0.6 M smolts Make chinook space available for Expand 1.0 K may fingerlings extended pre-smolt rearing. LEAVENWORTH 2.2 M amolts +0.5 M ChSu smolts from Wenatchee R. plus Yakima program of tribe (release in tribe) 0.3-0.5 M amolts See mid-ODIumbia chsu, below ENTrAT 0.8 M smolts Explore possibility of expanding Same incubation capacity. WINTHROP 1.0 M smolts .2 M smolts Plus .2 M from Leavenworth Expand (Once Colville hatchery constructed release to natural production area). TUCANNON Up to .132 M amolts Release in Tucannon R. Release at Lyons Ferry LYONS FERRY make chinook space available for .9 M Release chsp amoIts. (while ChF program is tributaries developing.) improve water capacity. See fall YAKIMA Construct WELLS 4 M suby"arling ChSu Implement FERC settlement. Same .4 M stloyearling ChSu PRIEST RAPIDS Modify water supply to expand spring or summer chinook rearing capacity. Hear .5 M subyearlings (convert some ORB prod.) for release to tribs. RrNGOLD Sea fall chinook Rear 1 M ChSp for release to tribe Or Be" local fishery - (displace 1 M ORB Chf yearlings) TABLE 2. EXISTING. AND PROGRAMMED FACILITIES - SUMMER CHINOOK SHORT TERM STATE STATION CURRENT PRODUCTION PROGRAM ADJUSTMENTS Mid-Columbia Summer Convert 200,000 Bonneville hatchery URB Transfer chinook program (new) or other appropriate ChF to 200,000 requirement ChSu. Trap at Bonneville, Dryden, or River Other location. Rear, release at Bonneville, or other appropriate hatchery. Option: Increase Bonneville hatchery egg bank by 300,000 (by reduring Umatilla coho ptogram) total egg bank - .5 K at Bonneville. WA Leavenworth Transfer 200,000 Leavenworth ChSp to Winthrop (must be,expanded). 500,000 ChSu smolts from fish trapped at Dryden or other appropriate location to Leavenworth for release in upper Columbia tributaries. WA Wenatchee Trap 500 female summer Chinook for Construct.transport to local facility for for spawning, rearing, release in upper Columbia River tributaries. WA Yakima Construct regional Snake River Basin Consider additional SUPPlementation TABLE 3. EXISTING AND PROGRAMMED FACILITIPS - COMO SHORT TERM STATE STATION CURRENT PRODUCTION PROGRAM ADJUSTMENTS LONG OR CASCADE 2 M salts 1 M annually to Umatilla Review (early) (alter: .7 M See Mid-Ml. ChSu) .7 m annually to Yakima WA WASHOUGAL 2 M late Omits Release 2 M late and .5 M early Review (late/early) I M early salts in Klickitat River. WA wrLLARD 2.5 M smalts Continue Cont (early) WA KLICKITAT 2 M omits Continue Continue (late) WA YAKIMA Construct WA TURTLE ROCK .5 M omits consider release in tributaries Same (early) (interim FERC agreement) TABLE 4. EXISTING AND PROGRAMMED FACILITIES - STEELHEAD (Continued) SHORr TERM STATE STATICN CURRENT PRODUCTION PROGRAM ADJUSTMENTS LONG OR Irrigon/Wallowa (A) 1.35 M Wallowa Hatchery/Adult traps Consider .33 M Little Sheep Cr. Adult trap release Oak Springs (A) 80,000 Hood River Continue Hood River .14 M 60,000 Umatilla (via Bonifer Construct Umatilla facility (.2 M) .2 M to Springs) Round Butte (A) .16 m to Deschutes River Continue so" ID Dworshak/Kooskia (B) 1.7 M release at Hatchery +.4 M additional production consider .8 M release to S.F. Clearwater R. releases Hagerman .5 M release at Sawtooth (A): to Sawtooth Hatchery and Same Hatchery (A) tributaries increase by .490 M 93,500 release to L. Salmon (8): to E. Pk. Trap increase by .130 M River (A) .5 M release at E. Fk. Trap (B) 93,500 release to L. Salmon R. (B) ID Niagara Springs (A) I M to Pahsimaroi Hatchery .7 M to PahsimLroi Hatchery Modify .4 M to Bells Canyon Trap Consider adjustment of Hells Canyon Agreement to accelerate tributary supplementation. Magic Valley (A) 1.5 M when fully on line. Sam Same Release to Little Salmon R., Lower Salmon Panther Creek, Upper Salmon R. Clearwater (B) Construct 1.7 M facility Release TABLE 4. E)(ISTING AND PROGRAMMED FACILITIES - STEELHEAD SHORT TERM STATE STATION CURRENT PRODUCTrON PR05RAM ADJUSTMENTS LOC WA Leavenworth (A) .1 M release at Hatchery Consider additional production for Additional release to Wenatchee River. capacity W I ells (A) .45 M release to Methow R. .15 m release to Similksmeen R. Continue through 1991. Continue f unding. Chelan (A) .195 M release to Continue Sam Entiat/Wenatchee R. Turtle Rock .20 M release to Wenatchee R. Rear mid--Columbia stock so" (Skamania stock)(A) Yakima (A) .1 M release to Yakima R. Continue Construct Naches; (A) .1 M release to Neches R. Continue Construct Ringold (A) .18 K release to Columbia R. Continue Same Tucannon (A) (just remodeled) Lyons Ferry (A) .93 M release to TAA & OR Same SW" tributaries and Hatchery Skaniania (A) .515 M release below Bonneville Continue Construct .14 M release to Bonneville Pool include tributaries Bonnevill* TABLE 5. EXISTING AND PROGRAMMED FACILITIES - FALL CHINOOK SHORT TERM STATE STATION CURRENT PRODUCTION PROGRAM ADJUSTMENTS LONG Priest Rapids 10 M ORB ChF Test and release and above John Day Mitigation 1.1 M ORB ChF Convert BPH ChP at L. White bD ORB (L. White Salmon) (I M emits +.100 yearlings) (+4.3 M - 5.4 M total) Bonneville Hatchery 1.25 M URB ChF (fall release) See Summer chinook egg bank Lyon's Ferry .4-.6 M yearling ChF URB 4.9 M ORB ChF. (see spring chinook) Attain 2.0 M sub-yearlings ChF URB requirements spring Creek 12.8 M BPH ChF (sub-yearlings) Resume full BPH stock ChF program Same. 4.3 M ORB ChF (15-16 M BPH). development appropriate for Spring Ringold 1 M ORB ChF (yearlings) See spring chinook. Consider holding Chinook. Umatilla .2 M URB ChF yearlings Continue with Bonneville Hatchery implement (Bonifer/Mintborn) 3 M URB ChF sub-yearlingS stock. (Umatilla/Klickitat 4 M BPH/LRH ChP sub-yearlings Continue Continue oxbow 3 M LRH ChF sub-yearlings Convert to upriver chinook stock Same (Released at Bonneville Hatchery) (e.g. BPH). Yakima 1.7 M URB ChP Continue Construct Sub-yearlings from L. White 3 M ChF Turtle Rock .5 M URB sub-yearlings Modify water supply to rear same spring/suemer chinook for release to tributaries. Oxbow (IPC) Implement settlement (1 M ChF) Implement APPENDIX C For the purposes of this agreement: 1) 'chinook" means the salmon species Oncorhynchus tshawytacha which is referenced in this plan and defined as: a) spring chinook-those chinook salmon which migrate upstream over Bonneville Dam from January 1 through May 31 of each year; b) summer chinook-those chinook salmon which migrate upstream over Bonneville Dam from June 1 through July 31 of each year; c) fall chinook-thoBe chinook salmon which migrate upstream over Bonneville Dam from August 1 through December 31 of each year. 2) "steelhead" means the anadromous form of the salmonid species Salmo gairdnerii which is referenced in this plan and defined as: a) summer steelhead-those steelhead trout which migrate upstream over Bonneville Dam between April I and October 31 and are further subdivided as Group A which migrate from April 1 through August 25 of each year and Group B which migrate from August 26 through October 31 of each year. b) winter steelhead-those steelhead caught below Bonneville Dam between November and April and those steelhead that cross Bonneville Dam from November to March. [except, all steelhead migrating over The Dalles Dam, and dams above The Dalles Dam are summer steelhead.] 3) "coho" means the salmon species Oncorhynchus kieutch which is referenced in this plan and defined as: a) early coho-those coho salmon which migrate upstream over Bonneville Dam primarily before October I of each year and; b) late coho-those coho salmon which migrate upstream over Bonneville Dam primarily after October I of each year. 4) *Sockeye" means the salmon species Oncorhynchus nerka. 5) TAC will make a final determination in instances where disputes arise. CONFEDERATED TRIBES OF THE 19M SPRINGS STATE OF OREGON RESERVATION OF OREGON J)T, Chairman Date NE I1jr,, Governor DatF ba (6 CONFEDERATED TRIM OF THE UMATILLA RA14DY PISHER, Director Date INDIAN RESERVATION Oregon Department of Fish & Wildlife 47 ELWOOD PATAWA, Chairman Date amna-Z @ff Umatilla Board of Trustees BOOTEI GARDNER, Governort\@q Date NEZ PERM TRIBE JOSEkH BIV?97-Directof Date WashingtWDepartment of Fisheries ALLEN V. PINKHAM, Chairman Date Nez Perce Tribal Executive Committee I-A7411, JACK S. WAYLAND, Director Date Washington Department of Wildlife CONFEDERATED TRIBES AM BANDS OF 21HE YAKIMA INDIAN NATION STATE or ZDARD :LL - 1-41, A ., I to JAIPOV@ -t9@' MELVIN SAMI@$ON, chairman Date Yakima Tribal Council CECIL ANDRUS, Governor Date JERRY M. CONLEY# Director Date Idaho Department of Fish and Game UNITED STATES OF AMERICA U. S EPT. OF THE INTERIOR -L7 Date Asst. Secy. for Fish and Wildlife and Parks AcfingAs'st'. e Secy. - Indian rs U. S. DEPT. OF COMMERCE //@Y Z2, V P",F--v - o CURTIS MACK II DATE Undersecretary for oceans and Atmosphbre|
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