BPA Fish and Wildlife FY 1997 Proposal

Section 1. Administrative
Section 2. Narrative
Section 3. Budget

see CBFWA and BPA funding recommendations

Section 1. Administrative

Title of project
Columbia Basin Law Enforcement Program

BPA project number   9202400

Business name of agency, institution or organization requesting funding
USFWS

Sponsor type   WA-Federal Agency

Proposal contact person or principal investigator

BPA technical contact   Jay Marcotte, EWN 503/230-6962

Biological opinion ID   Talk with Kasi B about this section 503-230-5885.

NWPPC Program number   8.5C

Short description
An Inter-agency fisheries and habitat law enforcement program to reduce illegal take of anadromous salmonids and resident fish, and protect their critical habitats thoughout the Columbia Basin. USFWS is currently administering BPA funds to CRITFC, OSP, WDFW, IDFG, AND MDFWP -- to implement the LE Program.

Project start year   1992    End year   2001

Start of operation and/or maintenance   

Project development phase   Implementation

Section 2. Narrative

Related projects
The M&E Project for BPA Project 92-024.

Project history
The Columbia Basin Law Enforcement Council (CBLEC) was formed in 1979 to coordinate fisheries enforcement on the Columbia River. In general, law enforcement (LE) is an integral part of fisheries management, and specifically LE is fundamental to the Columbia River Fish Management Plan (1987) derived from US v. Oregon. The enhanced law enforcement program was conceived by regional consensus during the 1990-91 Salmon Summit initiated by Senator Mark Hatfield. The proposed measure received regional review during the NPPC amendment process in 1991, and was adopted as a measure in the Council's F&W Program. During the summer of 1991, Bonneville Power Administration (BPA) worked with the directors and enforcement chiefs of the fishery agencies from Oregon, Washington, Idaho, and Columbia River Inter-Tribal Fish Commission -- to develop a plan for a multi-agency, basin-wide, enhanced law enforcement (LE) program. In the fall of 1991, BPA initiated funding of four grants for the enhanced fisheries and habitat LE Project 92-024 -- targeted on depleted fish stocks proposed for listing under the Endangered Species Art. In 1993, the National Marine Fisheries Service (NMFS) received BPA funding to facilitate inter-agency coordination and task force operations. Montana Department of Fish Wildlife & Parks (MDFWP) received limited BPA enforcement funding via an ongoing habitat project. In the following year, MDFWP received a BPA grant that was integrated with multi-agency LE program -- to provide enhanced protection of resident fish populations and their critical habitats. Beginning in 1996, the U.S. Fish and Wildlife Service (USFWS) has consolidated all the individual grants and inter-agency agreements into a unified contract with BPA. USFWS Federal Aid is administering the individual contracts with CRITFC, OSP, WDFW, IDFG, AND MDFWP -- at no cost to the participants. All member agencies of the Columbia Basin Law Enforcement Council (CBLEC) -- NMFS, USFWS, OSP, WDFW, IDFG, CRITFC, MDFWP, Shoshone-Bannock Tribes, and the U.S. Coast Guard -- are now providing active participation and coordination for the BPA-funded enhanced Columbia Basin law enforcement program. During its development, the enhanced law enforcement program has been endorsed by: the directors of fisheries agencies and tribes, the Scientific Review Group (SRG 1993); utility groups representing ratepayers, the NMFS Recovery Team (Bevan et al. 1994); the proposed NMFS Recovery Plan (1995); and the Columbia Ricer Anadromous Fish Plan of the Nez Perce, Umatilla, Warm Springs and Yakama Tribes (1995). The LE Program has also been credited for increasing salmon survival in the NMFS FCRPS Biological Opinions.

Biological results achieved
Several case studies have shown that law enforcement actions, during the past decade have had a large impact on reducing illegal take of Columbia Basin anadromous salmonids, sturgeon, and resident fish. Poorly regulated high seas gill net drift fisheries have illegally taken millions of salmon annually during the past decade. For example, the illegal 1988 harvest was estimated to be 5.5 million salmon weighing 10,000 metric tons (Pella et al. 1993). Thus this illegal ocean take was over twice the total salmonid run into the Columbia River. In 1994, inaccurate run size forecasts caused by massive poaching nearly wiped out a major component of the Eraser River sockeye run (Carl Walters, Kennewick Tri- City Heraid, 11/8/94, source: The Associated Press). It was estimated that about 1 million sockeye salmon were illegally taken in Johnstone Strait during the closures and added to the legitimate catch when the season was open. This resulted in an over-estimate of the run size by the fishery managers, an increase in the allowable catch, and ultimately in severe overfishing of the Adams River run.

Monitoring changes in previously unaccounted losses and analyzing inter-dam conversion rates provides a basis for quantitative evaluation of adult salmonid passage survival. Prior to LE Program implementation in 1992, unaccounted losses in upstream migrating adult salmonids between Bonneville and Lower Granite Dams averaged 44% for spring chinook salmon and 68% for fall chinook salmon. Preliminary results during 1992-94 show 53% and 29% improvements in conversion rates for spring chinook and fall chinook, respectively, from Bonneville to Lower Granite dams -- compared to the previous baseline. Although a longer-term and more rigorous analysis is needed -- these results are a basis for a hypothesis that 100% increases in LE efforts have improved adult salmonid passage survival. Illegal diversions and non-compliance with screening regulations causes direct mortality to out-migrating juvenile salmonids -- in one incident in 1993, OSP documented the mortality of 45,000 chinook. A high non-compliance rate (60% to 85%) of screening requirements to protect fish existed during 1981 to 1993. As a direct result of the LE Program, screening activities have increased in Oregon and Washington, and nearly 100% compliance was achieved in 1994. All violators identified in the 1993 LE survey have either complied or are actively participating in programs to bring screens into compliance. In 1993, two Washington fishermen and a New Jersey distributor were indicted on state and federal charges for illegally harvesting and conspiring to market 3,200 pounds of sturgeon caviar, worth at least $2.5 million, from the Columbia River -- the legal take is only 650 pounds per year (New York Times April 4, 1993). Any loss of Kootenai River white sturgeon is significant since the adult population is currently estimated to be less than 900 individuals. In 1990, a poacher was arrested for killing a 48 inch sturgeon while it was staging in an area of the Yaak River about 100 yards from the mouth of the Kootenai River. Montana law enforcement is now increasing efforts to educate anglers, after a 1995 survey conducted by game wardens showed most anglers could not distinguish between bull trout and other salmonids -- thus making that protected species vulnerable to illegal take.

Annual reports and technical papers
Individual Agency Annual Reportsl992, 1993 are on file.

Vigg, S. (editor), 1995. Increased levels of harvest & habitat law enforcement and public awareness for anadromous salmonids and resident fish in the Columbia River Basin -- Project 92-024 Final Report for the demonstration period, 1992-94. June 31, 1995. Bonneville Power Administration, Portland, Oregon.

Management implications
The knowledge derived from the implementing the basin-wide LE program serves two primary purposes. Firstly, improving the effectiveness of the LE program, itself. The LE grants were initially set up as a three year demonstration project (i.e., 1992-94) - with its continuation dependent upon an independent evaluation of the efficacy of the enhanced LE in protection of depleted fish stocks in the Columbia Basin (Vigg 1991). A comprehensive monitoring and evaluation of the effectiveness of the program in achieving its specific objectives and the overall goal of enhancement of depleted fish stocks is required -- in order to be accountable for achieving desired results from expenditures, to adaptively manage the program, and to ensure cost-effectiveness. Secondly, knowledge derived from the LE- Program can facilitate the adaptive management of other fisheries programs that interface directly with law enforcement. Improved screening compliance derived from the LE survey is just one example of this synergistic interaction.

Specific measureable objectives
1. Increased adult salmon passage, survival throu ced compliance with
2. Protection of critical spawning and rearing habitat of anadromous salmonids via enhanced
existing habitat and environmental regulations.
3. Increased juvenile salmonid out-migration survival through the migration corridor via compliance and habitat (e,g., screening and diversion) regulations.
4. Increased cost-effectiveness of the law enforcement efforts via inter-agency coordination and public participation.
5. Increased life cycle survival of depleted resident fish populationsvia enhanced harvest and habitat enforcement.

Testable hypothesis
H(l): 100% increase in the level of enforcement in the mainstem Columbia River does Rot improve adult salmon survival. Metric: inter-dam conversion rates, Bonneville to Lower Granite dams.
H(2): Enforcement of habitat regulations in tributary areas does not increase natural production success or compliance rates with laws and rules for the protection of improve the integrity of critical habitat. Metric: stream habitat, riparian zones, watersheds and ecosystems.
H(3): Enforcement of water diversion and screening regulations does not increase juvenile salmonid survival tributaries and mainstem. Metric: Compliance rates with screening regulations on mainstem pump and tributary diversions.
H(4); Enhanced interagency coordination and resource sharing does not improve efficiency and cost-effectiveness of LE efforts. Metric: Contacts, enforcement statistics, habitat protected, and fish saved via inter-agency task forces per cost level.
H(5): Improved public education and awareness does not enhance LE efforts via public support and involvement. Metric: Public opinion polls, public volunteer work, voluntary compliance with laws and rules, "Poacher Hotline� information on violations.
H(6): Increased levels of law enforcement for Columbia Basin resident fish species and their critical habitats does not improve the species' life cycle survival and population levels. Metric: Enforcement statistics compliance rates with laws and rules; fisheries statistics; public awareness.

Underlying assumptions or critical constraints
Cooperation from all enforcement and fisheries management entities participating in BPA Project 92-024.

Methods
(1) experimental design

Double law enforcement effort throughout the Columbia Basin
Enhance effectiveness with sophisticated equipment and communications

Improve cost-effectiveness with inter-agency coordination and special emphasis task forces
Improve public participation and voluntary compliance through information and education
Take directed actions to protect anadromous fish, resident fish, and critical habitats
Take directed actions to enforce both fisheries and habitat regulations
Adaptively manage the program via monitoring and evaluation (M&E)
Develop biologically based performance criteria for each operational objective
Improve data management systems to collect valid enforcement statistics, fisheries statistics, and habitat data
Organize the evaluation of desired/actual achievements in terms of:
Input (e.g., -increased budget, personnel, equipment, coordination)
Output (e.g., enforcement contacts, warnings, arrests, seizures, and other statistics), and
Outcome (e.g., salmon saved, critical habitat protected)- Focus on Outcomes, i.e., biological results

(2) Evaluate outcomes using statistical trend analyses, opinion surveys, and qualitative analyses -- M&E will be conducted by a "third-party" independent fisheries law enforcement consultant

(3) No test fish will be required in 1996 or 1997.

Brief schedule of activities
The following are the major operational objectives for 1996 and 1997, refer to the 1996 Statement of Work for more detailed tasks:

Objective 1. Provide enhanced enforcement of laws and rules for the protection of anadromous and resident fish throughout the Columbia Basin -- with an emphasis on depleted stocks in Zone 6 that are listed and petitioned/proposed for listing under the Endangered Species Act.

Objective 2. Improve cost-effectiveness of fisheries and habitat enforcement efforts via improved coordination with other Columbia Basin enforcement and regulatory agencies (e.g., USFWS, NMFS, MDFWP, WDFW, IDFG, OSP, tribal, regulatory agencies, and local governments) through the Columbia Basin Law Enforcement Council (CBLEC) and other appropriate mechanisms.

Objective 3. Optimize voluntary compliance of laws and rules to protect Columbia Basin fishes and their critical habitats -- via increased public involvement and deterrence of illegal activities.

Objective 4. Maximize the annual and long-term efficacy of enforcement efforts through the development of annual operational and 5-year strategic plans for Columbia Basin fisheries and critical habitat that will complement the goals and objectives of state, tribal, and federal fish and wildlife management entities, and cognizant regulatory agencies -- within the framework of a comprehensive ecosystem management plan.

Objective 5. Maximize the accountability of the enhanced law enforcement program and achievement of results for the protection of fish and their critical habitats via monitoring and evaluation (M&E) of the efficacy of the program in terms of qualitative and quantitative performance criteria.

Objective 6. Enhance prosecution success rate by increased levels of technical and legal support of state, tribal, and federal prosecution processes relative to fisheries cases made as a result of the increased law enforcement in the Columbia Basin.

Changes in project activities for 1998-2001 will be determined through monitoring, evaluation, and adaptive management.

Biological need
To increase survival of anadromous salmonids and resident fish throughout the Columbia Basin -- by reducing illegal take and protecting critical habitats from degradation caused by violation of water and land use regulations.

Critical uncertainties
Willingness of fisheries management agencies and regional planning entities to fund long-term fish, wildlife, and habitat law enforcement. Commitment to a systematic collection and analysis of an adequate time series of monitoring data to adequately assess the efficacy of the ongoing LE program.

Summary of expected outcome
1. Increased passage survival of adult salmonids during their upstream migration through the mainstem Columbia and Snake rivers.
2. Increased passage survival of juvenile salmonids during their downstream migration through the mainstem Columbia and Snake rivers, and their tributaries.
3. .Increased protection of critical habitats of anadromous salmonids throughout the Columbia Basin.
4. Increased life cycle survival of depleted species of endemic resident fish, and protection of their critical habitats throughout the Columbia Basin.
5. Increased public awareness, public participation, voluntary compliance, and deterrence of illegal take of depleted anadromous and resident fish throughout the Columbia Basin.
6. Increased effectiveness and biological benefits of the LE program through inter-agency cooperation, M&E, and adaptive management.
7. Contribution to the regional fish and wildlife conservation and enhancement programs - leading to expedited rebuilding and recovery of depleted Columbia Basin fish stocks.

Dependencies/opportunities for cooperation
The law enforcement divisions of the following entities currently comprise the members and cooperators of the Columbia Basin Law Enforcement Council (CBLEC): the Columbia River Inter-Tribal Fish Commission, Columbia River Treaty Tribes (Yakama, Nez Perce, Umatilla, and Warm Springs), the Shoshone-Bannock Indian Tribes, Oregon Department of State Police, Washington Department of Fish and Wildlife, Idaho Department of Fish and Game, Montana Department of Fish, Wildlife & Parks, National Marine Fisheries Service, U.S. Fisli and Wildlife Service, and the U.S. Coast Guard. The cooperation of all the above fish and wildlife enforcement entities is essential to implement the systemwide Columbia Basin LE Program. An additional opportunity for enhanced cooperation is the integration of the existing LE Program with fisheries and habitat law enforcement conducted by individual Indian Tribes on tributary subbasins within their reservations and ceded lands.

Risks
Monitoring and Evaluation (M&E) is needed to adoptively manage the enhanced law enforcement program and thus achieve maximum effectiveness and results for the resource. To date, the M&E of Project 92-024 has not been funded or implemented. The risk of not conducting an independent M&E is lack of external accountability of rate payer funds expended (i.e., over $19 million during 1992-96), and a lack of quantification of biological results.

Monitoring activity
A plan is currently being developed by CBLEC to conduct monitoring and evaluation (M&E) on the enhanced law enforcement program. A request for proposal on a "third-party" M&E is planned for procurement during 1996. Additional BPA funding is needed to implement this M&E project.

Section 3. Budget

* For most projects, Authorized is the amount recommended by CBFWA and the Council. Planned is amount currently allocated. Contracted is the amount obligated to date of printout.

Funding recommendations

CBFWA funding review group   System Policy

Recommendation    Tier 1 - fund

Recommended funding level   $4,457,000

BPA 1997 authorized budget (approved start-of-year budget)   $4,457,000