FY 2003 Mainstem/Systemwide proposal 200310100

Section 1. General administrative information
Section 2. Past accomplishments
Section 3. Relationships to other projects
Section 4. Budgets for planning/design phase
Section 5. Budgets for construction/implementation phase
Section 6. Budgets for operations/maintenance phase
Section 7. Budgets for monitoring/evaluation phase
Section 8. Budget summary

Reviews and Recommendations

Additional documents

Title	Type
35052 Narrative	Narrative
35052 Powerpoint Presentation	Powerpoint Presentation
35052 Sponsor Response to the ISRP	Response
Letter from D. Johnson (Nez Perce Tribe) and J. Johnson (CRITFC) to J Danielson (NPCC) RE: FY 2004 funding for conservation enforcement projects	Correspondence

Section 1. Administrative

Proposal title	Conservation Enforcement to Enhance and Restore Fish & Wildlife Resources of the Upper Columbia River under Jurisdiction of the Colville Tribes
Proposal ID	200310100
Organization	Confederated Tribes of the Colville Indian Reservation (CCT)
Proposal contact person or principal investigator
Name	Mr. Joe Peone
Mailing address	Highway 155 North, P.O. Box 150 Nespelem, WA 99155
Phone / email	5096342113 / [email protected]
Manager authorizing this project	Mr. Mike Palmer
Review cycle	Mainstem/Systemwide
Province / Subbasin	Mainstem/Systemwide /
Short description	Protect anadromous salmonids from illegal take throughout the Columbia Basin - with emphasis on conservation of depleted stocks. We will focus fish & critical habitat protection - Chief Joe tailrace, Wells Pool and Okanogan R. fisheries/water diversions.
Target species	All anadromous salmonids in the mainstem Upper Columbia River (e.g., spring chinook, summer chinook, fall chinook, sockeye, coho, steelhead) -- with an emphasis on ESA stocks; secondarily, all resident fish (e.g., sturgeon, trout, walleye, catfish, bass).

Project location

Latitude	Longitude	Description
		Colville Reservation
		North Half Area
48.0985	-119.7334	Okanogan River
47.99	-119.88	Wells Reservoir
47.9967	-119.6267	Chief Joseph Tailrace

Reasonable and Prudent Alternatives (RPAs)

Sponsor-reported:

RPA
107
118
189
190
165

Relevant RPAs based on NMFS/BPA review:

Reviewing agency	Action #	BiOp Agency	Description

Section 2. Past accomplishments

Year	Accomplishment
2003	This is a new Conservation Enforcement project -- focused on ESA anadromous salmonids and critical habitats; Colville Tribes maintain an ongoing Natural Resources Law Enforcement Division -- under the Parks and Recreation Department.
1992	A related demonstration project was funded in 1991 -- for 1992-1997 that resulted in increased protection of depleted anadromous salmonid stocks throughout the Columbia basin (refer to Vigg 1991, 1995, 1997; Vigg and Stevens 1996; Peters et al 1997).
1998	The original Enforcement Demonstration Project was terminated -- it was originally planned for three years (1991-1993), but due to its high level of performance and multi-agency support, it continued until 1998.
2000	Two new Tribal Conservation enforcement projects were implemented in May 2000; additional Conservation Officers were hired and trained. Independent Monitoring and Evaluation was initiated to determine results relative to performance measures.

Section 3. Relationships to other projects

Project ID	Title	Description
200005500	Enhanced Conservation Enforcement for Fish & Wildlife, Watersheds of the Nez Perce	Coordinated and integrated Conservation Enforcement projects -- share parallel performance plans with an integrated M&E component.
200005600	Protection of Mainstem Columbia River Salmonid Fisheries -- CRITFC Enforcement Department	Coordinated and integrated Conservation Enforcement projects -- share parallel performance plans with an integrated M&E component.
2003	Conservation Enforcement -- Umatilla Tribes	Plan to be coordinated -- with a consistent and integrated performance plan and M&E (as above)

Section 4. Budget for Planning and Design phase

Task-based budget

Objective	Task	Duration in FYs	Estimated 2003 cost	Subcontractor
Objective 1. Adaptively manage the Colville Tribes’ conservation enforcement project by making changes to the BPA performance plan, enforcement strategic plan, and evaluation study design – based on M&E results.	Task 1.1. Revise the BPA statement of work and performance plan for FY 2004 and beyond – based on the results of the M&E component during 2003 implementation {see Objective 2 for implementation phase}.	FY04-07 Ongoing	$1,000	Yes
	Task 1.2. Update the Colville Tribes implementation approach and enforcement strategic plan to respond to opportunities for FY 2004 project improvement – based on the results of the M&E component during 2003 implementation {see Obj.5 for impl. phase}.	FY04-07 Ongoing	$500	Yes
	Task 1.3. Refine performance measures that best fit Colville Tribes’ fishery & habitat enforcement application and revise monitoring & evaluation study design for FY 2004, as needed – based on the results of the M&E component during 2003 {see Obj.6}.	.FY04-07 Ongoing	$500	Yes

Outyear objectives-based budget

Objective	Starting FY	Ending FY	Estimated cost
Objective 1. Adaptively manage the Colville Tribes’ conservation enforcement project by making changes to the BPA performance plan, enforcement strategic plan, and evaluation study design – based on M&E results.	2004	2007	$9,051

Outyear budgets for Planning and Design phase

FY 2004	FY 2005	FY 2006	FY 2007
$2,100	$2,205	$2,315	$2,431

Section 5. Budget for Construction and Implementation phase

Task-based budget

Objective	Task	Duration in FYs	Estimated 2003 cost
Objective 2. Enhance enforcement for protection of depleted anadromous & resident fish in the mid and upper Columbia Basin.	Task 2.1. Maintain the existing enforcement baseline and increase the overall fisheries and habitat law enforcement within the Colville Tribes Management Jurisdiction by 2.0 FTE over 2002 baseline level 10 FTE.	FY04-07 Ongoing	$133,644
	Task 2.2. In conjunction with tribal policy directives and guidelines, coordinate with other enforcement entities to enhance protection for depleted fish stocks throughout the Columbia Basin.	FY04-07 Ongoing	$2,110
	Task 2.3. Develop specific enforcement action plans in coordination with tribal fishery management goals, objectives and priorities. Meetings will be held on a regular basis with Tribal biologists and natural resources staff to determine priorities.	FY04-07 Ongoing	$1,407
	Task 2.4. Provide inter-agency support, coordination and cooperation to enhance enforcement effectiveness – to the extent possible given operations budget restrictions.	FY04-07 Ongoing	$1,407
	Task 2.5. Provide required basic and advanced training of fisheries and habitat enforcement personnel relative to specific enforcement responsibilities of the Colville Tribe.	FY04-07 Ongoing	$2,110
Objective 4. Protect critical habitat and conduct cooperative enforcement of water diversion and screening regulations and in the Okanogan Basin -- in conjunction with local, state and federal regulatory entities..	Task 4.1. Seek opportunities for specialized training for law enforcement personnel in the area of environmental and habitat enforcement application via inter-agency cooperation & resource sharing (e.g., Washington Department of Ecology and NMFS).	FY04-07 Ongoing	$2,149
	Task 4.2. Conduct enforcement of water diversion and screening regulations in the Okanogan River basin and to the extent possible coordinate with Federal, State and local enforcement agencies.	FY04-07 Ongoing	$32,239
	Task 4.3. Work within tribal policy guidelines to enhance “gravel-to-gravel management” of salmonid habitat resources; and to the extent possible, coordinate with state, tribal, and federal agencies -- to cooperatively protect spawning & habitat areas.	FY04-07 Ongoing	$1,290
	Task 4.4. Coordinate with tribal conservation enforcement efforts and participate in basin-wide habitat enforcement efforts (within the constraints of current funding levels and respective tribal policies).	FY04-07 Ongoing	$1,290
	Task 4.5. Assist Washington State agencies -- to the extent possible given funding limitations -- in the coordination and integration of their currently funded fish, wildlife, habitat and cooperative compliance Enforcement Programs.	FY04-07 Ongoing	$6,018
Objective 5. Increase voluntary compliance with of laws and rules to protect Columbia Basin fishes and their critical habitats via increased public involvement and deterrence of illegal activities.	Task 5.1. Coordinate with the Public Information Department of the Colville Tribes and other tribal, state, and federal entities -- to increase public awareness of the effects of illegal take and habitat degradation on anadromous salmonid & resident fish.	FY04-07 Ongoing	$1,026
	Task 5.2. Educate the general public as well as resource user groups as to the critical and important role that protective enforcement plays in comprehensive recovery plans for salmon and resident fish.	FY04-07 Ongoing	$3,280
	Task 5.3. Educate the public (both Indian and non-Indian) on the major issues related to restoration of depleted fish stocks in the mid and upper Columbia Basin with a focus on the role of conservation enforcement.	FY04-07 Ongoing	$1,504
	Task 5.4. Provide input to the M&E web site www.Eco-Law.net to facilitate real time information dissemination to all interested parties and to enhance the achievement of the tasks above.	FY04-07 Ongoing	$1,026
Objective 6. Continue coordination with Colville Tribes Natural Resource Managers and regional fisheries management entities to assure that enforcement efforts are conducive to tribal fish and wildlife protection and enhancement priorities.	Task 6.1. Coordinate with fish and wildlife biologists, managers, and policy makers within Colville Tribes, and other entities -- to identify and prioritize law enforcement activities in the mid and upper Columbia Basin.	FY04-07 Ongoing	$1,661
	Task 6.2. Coordinate with regional fish and wildlife management, planning, and funding entities within Columbia to identify and prioritize law enforcement activities in the mid and upper Columbia River Basin.	FY04-07 Ongoing	$1,075
	Task 6.3. Develop annual cooperative enforcement plans within the framework of the Colville Tribes long-term strategic plan -- for the protection and enhancement of Columbia Basin fish stocks and their critical habitats, using the input from above tasks.	FY04-07 Ongoing	$1,075
	Task 6.4. Provide input to the CBFWA mainstem/system-wide Conservation Enforcement Program Summary and the NPPC Provincial Review Process.	FY04-07 Ongoing	$1,075

Outyear objectives-based budget

Objective	Starting FY	Ending FY	Estimated cost
Objective 2. Enhance enforcement for protection of depleted anadromous & resident fish in the mid and upper Columbia Basin.	2004	2007	$636,656
Objective 4. Protect critical habitat and conduct cooperative enforcement of water diversion and screening regulations and in the Okanogan Basin -- in conjunction with local, state and federal regulatory entities.	2004	2007	$194,534
Objective 5. Increase voluntary compliance with of laws and rules to protect Columbia Basin fishes and their critical habitats via increased public involvement and deterrence of illegal activities.	2004	2007	$30,949
Objective 6. Continue coordination with Colville Tribes Natural Resource Managers and regional fisheries management entities to assure that enforcement efforts are conducive to tribal fish and wildlife protection and enhancement priorities.	2004	2007	$22,106

Outyear budgets for Construction and Implementation phase

FY 2004	FY 2005	FY 2006	FY 2007
$205,155	$215,413	$226,184	$237,493

Section 6. Budget for Operations and Maintenance phase

Task-based budget

Objective	Task	Duration in FYs	Estimated 2003 cost	Subcontractor
Objective 3. Operate and maintain patrol vehicles, patrol boats, aircraft flights, equipment, and facilities – to the extent possible given budget restrictions – to provide for full time (7x24x365) enforcement readiness and effectiveness.	Task 3.1. Operate and maintain patrol vehicles, patrol boats, equipment, and facilities – to the maximum extent possible given budget restrictions.	FY04-07 Ongoing	$24,500
	Task 3.2. Contract aircraft flights for aerial patrols of Tribal fisheries e.g., mainstem Columbia River (e.g. Wells Pool and Chief Joseph Tailrace) and Okanogan River – to check for fisher effort and compliance with regulations.	FY04-07 Ongoing	$6,400	Yes

Outyear objectives-based budget

Objective	Starting FY	Ending FY	Estimated cost
Objective 3. Operate and maintain patrol vehicles, patrol boats, aircraft flights, equipment, and facilities – to the extent possible given budget restrictions – to provide for full time (7x24x365) enforcement readiness and effectiveness.	2004	2007	$139,842

Outyear budgets for Operations and Maintenance phase

FY 2004	FY 2005	FY 2006	FY 2007
$32,445	$34,067	$35,771	$37,559

Section 7. Budget for Monitoring and Evaluation phase

Task-based budget

Objective	Task	Duration in FYs	Estimated 2003 cost	Subcontractor
Objective 7. Conduct ongoing integrated monitoring & evaluation (M&E) to maximize the accountability of Colville Tribes enhanced law enforcement for the protection of fish and their critical habitats.	Task 7.1. Develop performance standards and specific quantitative and qualitative criteria to objectively measure achievement of biological results from conservation law enforcement efforts. This will be reported in quarterly reports to BPA.	FY04-07 Ongoing	$1,041	Yes
	Task 7.2. Collect and summarize law enforcement & fishery statistics using a consistent methodology and document the results of the Colville Tribes enhanced conservation enforcement project -- through required quarterly and annual M&E reports.	FY04-07 Ongoing	$6,940	Yes
	Task 7.3. Conduct integral independent scientific evaluations of the efficacy of enhanced Tribal fishery and habitat enforcement efforts within the Colville Tribes’ jurisdiction in the mid and upper Columbia River. The M&E will run cocurrently with CE.	FY04-07 Ongoing	$8,328	Yes
	Task 7.4. Develop and maintain a sunset of the M&E web site www.Eco-Law.net to disseminate information on a timely basis – so that all stakeholders and interested parties have immediate access to the latest evaluation data and reports.	FY04-07 Ongoing	$1,041	Yes

Outyear objectives-based budget

Objective	Starting FY	Ending FY	Estimated cost
Objective 7. Conduct ongoing integrated monitoring & evaluation (M&E) to maximize the accountability of Colville Tribes enhanced law enforcement for the protection of fish and their critical habitats.	2004	2007	$78,520

Outyear budgets for Monitoring and Evaluation phase

FY 2004	FY 2005	FY 2006	FY 2007
$18,218	$19,128	$20,085	$21,089

Section 8. Estimated budget summary

Itemized budget

Item	Note	FY 2003 cost
Personnel	FTE: 2.0	$70,772
Fringe	24.4%	$17,299
Supplies		$16,100
Travel		$2,000
Indirect	42.1% on Personnel wages only	$27,715
Capital		$61,500
NEPA		$0
PIT tags		$0
Subcontractor	Steven Vigg & Company, Adaptive Management, Monitoring & Evaluation	$19,350
Other	Operations & Maintenance (O&M)	$30,900
		$245,636

Total estimated budget

Total FY 2003 cost	$245,636
Amount anticipated from previously committed BPA funds	$0
Total FY 2003 budget request	$245,636
FY 2003 forecast from 2002	$0
% change from forecast	0.0%

Reason for change in estimated budget

New Project

Reason for change in scope

New Project

Cost sharing

Organization	Item or service provided	Amount	Cash or in-kind
Colville Tribes - BIA Funding	Colville Reservation ESA-Project Enforcement Match	$200,802	cash

Other budget explanation

None required

Reviews and recommendations

This information was not provided on the original proposals, but was generated during the review process.

REVIEW:
ISRP Preliminary Review (ISRP 2002-13)

Recommendation:
Fundable only if response is adequate

Date:
Aug 2, 2002

Comment:

This is a well-written proposal to add enforcement personnel to the Natural Resources Law Enforcement Division of the Colville Tribes. The additional enforcement presence would be directed toward protection of ESA listed stocks and their habitat through training, fishing compliance monitoring, water regulation enforcement, inter-agency coordination and public education. The proposal states that the project aims not only to increase the level of enforcement in the 3 million acre jurisdiction but also to increase the efficiency of the enforcement through interagency coordination and to increase compliance through greater public awareness of threats to listed stocks.

The potential benefits to fish and wildlife seem high, and the cost reasonable. A strength of the proposal is that it emphasizes expected outcomes throughout all tasks.

An extensive technical background is provided, including a complete description of present and historical Colville Tribal fisheries that includes detail on the nature of the issues facing each fishery and a history of the development of the Tribes' legal authority. Protection needs of critical habitat and water withdrawals are also detailed. The nature of the present enforcement effort is also described in detail.

The description of monitoring as a component of the existing enforcement program is thoughtful and evaluative enough to inspire confidence that an appropriate M&E plan will be developed for the enhanced enforcement program in its first year, as the proposal indicates. The quarterly schedule for producing monitoring and evaluation reports will ensure continual assessment of effectiveness and allow scope for in-season changes.

The rationale and significance to regional programs is clear. Objectives, tasks, and methods are adequately described. The proposed project had strong relationships with other enforcement and recovery projects that are implicit throughout but could be made more explicit in the "relationships to other projects" section.

In addition to the general comments provided above, the proponents should address the following comments specific to this proposal:

Do enforcement plans currently exist?
An important component of this proposal is education of the public and "conservation" training of enforcement officers. Detail is given on the educational tools to be used, but more thought should be given as to how the impact of that education - e.g . changes in public awareness or increases in enforcement effectiveness - will be measured. For example, will it be enough to have officers attend the ESA enforcement overview training, or will there be some evaluation of the effectiveness of that training?
Are educational programs already in place? What has been learned from their successes and failures?
Will coordination with other enforcement efforts be done primarily through the website or through other means? Is the website operational yet, to be developed during this project?

General Comments on Conservation Enforcement Proposals: 35051, 35052, 200005500, 20005600, and 195505500 A response is needed for this set of law enforcement proposals. The set of law enforcement proposals stresses the interdependency between public education and effective law enforcement. A basic question these proposals should address is how to determine the best mix of enforcement personnel and education to produce the greatest net enforcement benefits.

The sponsors should also address concerns from the earlier BPA/Council review of the law enforcement program. Each proposal should justify the size of a core staff necessary for effective enforcement and place the current request in the context of core staffing needs. The Umatilla enforcement staffing level at .5 FTE appears to be the most deficient. The proposals should also describe the potential for matching effort; e.g. the Colvilles propose to train two officers from the existing force. Officers should be trained in fish and wildlife (as with the NPT).

More thought should be given as to how the impact of public education - e.g . changes in public awareness or increases in enforcement effectiveness - will be measured. Metrics to measure success and evaluate program performance need to be identified. These metrics and the monitoring program they enable should be described in advance of program enhancement.

REVIEW:
CBFWA Funding Recommendation

Recommendation:
Urgent

Date:
Oct 24, 2002

Comment:

Conservation enforcement is a very important activity that needs to be supported at some level through Fish and Wildlife Program. A broader evaluation of specific needs by subbasin should be pursued in order to put these projects into a larger context.

REVIEW:
CBFWA FY03 Budget Review Comments

Recommendation:
Urgent

Date:
Oct 24, 2002

Comment:

A comprehensive briefing document was provided to CBFWA by the project sponsor. This briefing is available upon request from CBFWA. We have reviewed the budget for this project and identified $51,400 of cost savings. In FY03, the airplane flights for fishery patrol and creel survey will be deferred. In FY04 and FY05, the purchase of police equipment and navigation equipment for the CCT patrol boat will be deferred or covered by non-BPA funding sources if possible.

REVIEW:
ISRP Final Review (ISRP 2002-14)

Recommendation:
Fund

Date:
Nov 5, 2002

Comment:

ISRP Final Comments on Conservation Enforcement Proposals: 35051, 35052, 200005500, 20005600, and 195505500:

This group of responses addresses the review comments adequately. Responses include justifications of core staff and acknowledgement of how the size of a "core" changes as legal restrictions influence the demand for enforcement and funding changes affect the supply of enforcement. The responses provide thoughtful discussions of the interaction of enforcement and education as well as issues surrounding measuring the effectiveness of each. The enforcement proposals as a group and the responses provided to address ISRP review comments give a good impression of an evaluative approach to the performance of both enforcement and education. There is overlap in the responses of the individual proposals that derives from their coordination. The coordination among these proposals and responses is a positive factor that is likely to lead to collection of integrated data that will be useful for systemwide analysis of enforcement effectiveness.

ISRP Final Comments:

Fundable, agree with CBFWA that its fundable - CBFWA "urgent". This is a well-written proposal to add enforcement personnel to the Natural Resources Law Enforcement Division of the Colville Tribes. The additional enforcement presence would be directed toward protection of ESA listed stocks and their habitat through training, fishing compliance monitoring, water regulation enforcement, inter-agency coordination and public education. The proposal states that the project aims not only to increase the level of enforcement in the 3 million acre jurisdiction but also to increase the efficiency of the enforcement through interagency coordination and to increase compliance through greater public awareness of threats to listed stocks.

The potential benefits to fish and wildlife seem high, and the cost reasonable. A strength of the proposal is that it emphasizes expected outcomes throughout all tasks.

The response is adequate. The response provides a good justification of enforcement needs, accompanied by maps of the very large enforcement jurisdiction of the Colville Tribes. There is a lot of overlap with the other conservation responses. An enforcement plan is provided.

REVIEW:
NMFS Review

Recommendation:

Date:
Jan 21, 2003

Comment:

Statement of Potential Biological Benefit
Protect adult fish from illegal take.

Comments
This proposal would provide additional protection enforcement officers to an ongoing program. In general, we strongly support the enforcement program. However, our concerns are the same as the ISRP's, which is that we are uncertain how the effective the proposed additional enforcement would be. Also, it does not address a specific RPA action.

Already ESA Required?
No

Biop?
No

REVIEW:
BPA Funding Recommendation

Recommendation:
Fund

Date:
Jun 2, 2003

Comment:

BPA Phase 3

REVIEW:
NWPPC Funding Recommendation

Recommendation:
Fund (Tier 2) - Fund if funding becomes available

Date:
Jun 11, 2003

Comment:

Category:
2. Projects that Council staff would recommend if funding becomes available

Comments:
Other funding sources?