FY 2003 Mainstem/Systemwide proposal 200005500

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
200005500 Narrative	Narrative
200005500 Powerpoint Presentation	Powerpoint Presentation
200005500 Sponsor Response to the ISRP	Response

Section 1. Administrative

Proposal title	Enhanced Conservation Enforcement for Fish & Wildlife, Watersheds of the Nez Perce
Proposal ID	200005500
Organization	Nec Perce Tribe - Conservation Enforcement Department (NPT)
Proposal contact person or principal investigator
Name	Chief Adam A. Villavicencio
Mailing address	Beavergrade Road & Main, P.O. Box 365 Lapwai, Idaho 83540
Phone / email	2088437143 / adamv@nezperc.org
Manager authorizing this project	Chief Adam A. Villavicencio
Review cycle	Mainstem/Systemwide
Province / Subbasin	Mainstem/Systemwide /
Short description	Increase conservation law enforcement (CE) protection of fish, wildlife, critical habitats and other natural resources within watersheds managed by the Nez Perce Tribe. The CE program will be coordinated with all of the NPT resource enhancement projects.
Target species	All anadromous salmonids in the mainstem Columbia River (e.g., spring chinook, summer chinook, fall chinook, sockeye, chum, coho, steelhead); secondarily, all resident fish (e.g., sturgeon, northern pikeminnow, walleye, catfish, bass).

Project location

Latitude	Longitude	Description
46.61	-117.87	Snake River Mainstem
46.4258	-117.0397	Clearwater River
45.856	-116.7926	Salmon River
46.5575	-118.174	Tucannon River
46.0718	-116.9845	Grande Ronde River
45.8167	-116.7649	Imnaha River
		Zone 6 of Mainstem Columbia River
		Present day Nez Perce Tribe's Reservation boundries
		Treaty Lands - 1855 Treaty boundaries
		Tribal Reserves, Blue Mountains, Craig Mountains, Bitterroot Mountains, and National Forest Lands - used by NPT tribal members for hunting & gathering

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
1991	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).
1992	Silas Whitman, NPT Fisheries Director, submitted a fish & wildlife enforcement proposal to BPA - focused on the protection of depleted salmonid stocks proposed for listing under the ESA; it was not funded until 1997.
1996	Tribal Needs Assessment (Vigg and Stevens 1996) documented the need for conservation enforcement in NPT jurisdiction. Successful formation of fisheries enforcement program, fielded uniformed tribal officers for the first time in tribal history.
1997	BPA provided initial funding to the NPT fish & wildlife enforcement, under project 91-024. Tribal enforcement of conservation laws regarding harvest of resident fish, wildlife, and their habitats carried out for the first time by NPT officers.
1997	Independent evaluation of the basin-wide enforcement project demonstrated effectiveness (refer to Vigg 1997; 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; the NPT Project hired and trained additional Conservation Officers. Independent Monitoring and Evaluation was initiated to determine results relative to performance measures.
2001	Enhanced enforcement of Zone 6 Fisheries was implemented. M&E reports were completed (4 quarterly and one annual). An M&E web site was initiated to provide timely access for all - to all data and reports for pre-2000 baseline and new project performance.
2002	Conservation enforcement continues and gains efficiencies with Adaptive Management. More M&E reports are posted on the M&E web site - inc. analysis of criteria. A comprehensive system-wide Conservation Enforcement Program Summary is prepared for NPPC.

Section 3. Relationships to other projects

Project ID	Title	Description
200005600	Protect Anadromous Salmonids in the Mainstem Corridor - CRITFC, Enforcement Department	Closely 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 according to the approach in the system-wide CE Program Summary -- if this new FY2003 project is funded.
2003	Conservation Enforcement -- Colville Tribes	Plan to be coordinated -- with a consistent and integrated performance plan and M&E (as above)
2003	NPT Wildlife Mitigation & Land Acquisiton	Integrate conservation enforcement (CE) with land, water, and biological Natural Resource Management.
2003	NPT Artificial Production Projects	Integrate CE with planned artificial production and resultant fisheries.
2003	NPT Natural Production, Habitat & Watershed Projects	Integrate CE with habitat protection and enhancement efforts and coordinated enforcement needs with natural production and resultant resource harvest, e.g., fisheries, hunting & gathering.
2003	NPT Fisheries Research, Monitoring & Evaluation Projects	Integrate CE with various data collection efforts, M&E, and scientific investigations -- to incorporate latest fish, wildlife & ecosystem approaches into CE M&E component.

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 NPT fisheries connservation 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 -- based on the results of the M&E component during 2000-2003 implementation {see Objective 2 for implementation phase}.	FY04-07 Ongoing	$1,500	Yes
	Task 1.2. Update the NPT enforcement approach and conservation enforcement strategic plan to respond to opportunities for FY 2004 project improvement -- based on the results of the M&E component during 2000-2003 {see Objective 5 implementation phase}.	FY04-07 Ongoing	$750	Yes
	Task 1.3. Refine performance measures that best fit NPT fish, wildlife & habitat CE application and revise M&E study design, as needed – based on the results of the M&E component during 2000-2003 {see Objective 6 for implementation phase}.	.FY04-07 Ongoing	$750	Yes

Outyear objectives-based budget

Objective	Starting FY	Ending FY	Estimated cost
Objective 1. Adaptively manage the NPT fisheries connservation enforcement project by making changes to the BPA performance plan, enforcement strategic plan, and evaluation study design – based on M&E results.	2004	2007	$13,577

Outyear budgets for Planning and Design phase

FY 2004	FY 2005	FY 2006	FY 2007
$3,150	$3,308	$3,473	$3,647

Section 5. Budget for Construction and Implementation phase

Task-based budget

Objective	Task	Duration in FYs	Estimated 2003 cost
Objective 2. Provide enhanced enforcement of laws and rules for the protection of anadromous fish, resident fish, wildlife, and their habitats with an emphasis on depleted populations on the Nez Perce reservation and Treaty lands, including ESA stocks.	Task 2.1. Increase the level of law enforcement officers (7.75 Full Time Equivalents, FTE) in the field; and maintain the equipment, facilities, and management systems to maximize the overall fisheries and habitat enforcement effectiveness.	FY04-07 Ongoing	$375,078
	Task 2.2. Provide necessary basic Police & Academy training of fisheries enforcement personnel relative to Tribal-specific and basin-wide enforcement responsibilities.	FY04-07 Ongoing	$7,855
	Task 2.3. Seek opportunities to increase cooperative enforcement efforts over previous levels – specifically during anadromous salmonid runs on the Nez Perce Reservation and Treaty lands, and coordinate with appropriate law enforcement agencies.	FY04-07 Ongoing	$5,891
	Task 2.4. Seek opportunities to increase cooperative enforcement efforts over previous levels – (as in Task 2.3) for protection of resident fish in tributary subbasins, and provide inter-tribal support throughout the Columbia Basin.	FY04-07 Ongoing	$1,964
	Task 2.5. Seek opportunities to increase cooperative enforcement efforts over previous levels – (as in Task 2.3) for protection of critical habitat of anadromous and resident fish in tributary subbasins.	FY04-07 Ongoing	$1,964
Objective 4. Improve cost-effectiveness of fisheries and habitat enforcement efforts via improved coordination within the NPT and with other Columbia Basin enforcement and regulatory agencies through appropriate coordination mechanisms.	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.	FY04-07 Ongoing	$2,080
	Task 4.2. To the extent possible, coordinate field operations in a specific location with local enforcement agencies.	FY04-07 Ongoing	$1,671
	Task 4.3. Work within tribal policy guidelines to expand enforcement to include the protection of spawning and habitat areas in conjunction with gravel-to-gravel management and to achieve better coordination with tribal conservation enforcement efforts.	FY04-07 Ongoing	$2,935
	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	$836
	Task 4.5. Coordinate with other relevant habitat enforcement & regulatory agencies; and provide habitat enforcement data to the designated monitoring and evaluation (M&E) fisheries consultant.	FY04-07 Ongoing	$836
Objective 5. Enhance voluntary compliance 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. Increase public awareness of the effects of illegal take and habitat degradation on the Columbia River Basin anadromous salmonid stocks and resident fish species.	FY04-07 Ongoing	$1,671
	Task 5.2. Enhance the public awareness and deterrent effect of various law enforcement efforts outlined in Objective 2.	FY04-07 Ongoing	$3,760
	Task 5.3. Develop measurement criteria and methods to evaluate the effectiveness for public awareness, deterrence, and willingness to comply with laws and rules for the protection of depleted fish stocks and their critical habitats in the Columbia Basin.	FY04-07 Ongoing	$1,671
	Task 5.4. Provide public outreach 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	$1,253
Objective 6. Maximize the annual and long-term efficacy of enforcement efforts through the development of annual operational and 5-year strategic plans for Nez Perce conservation enforcement.	Task 6.1. Coordinate with fish and wildlife biologists, managers, and policy makers within NPT -- to identify and prioritize conservation enforcement activities within the Tribes’ jurisdiction.	FY04-07 Ongoing	$1,253
	Task 6.2. Develop a cooperative enforcement plan for the Nez Perce Tribal conservation enforcement program, including a specific section on its responsibilities, goals & objectives, planned activities, and expected results within the tributary subbasins.	FY04-07 Ongoing	$2,925
	Task 6.3. Develop a draft strategic 5-year plan for NPT Conservation law enforcement. Coordinate with other relevant law enforcement entities (e.g., NMFS, CRITFE, and CBLEC) as needed.	FY04-07 Ongoing	$2,089
	Task 6.4. Provide input to regional system-wide planning efforts, e.g., the CBFWA mainstem/system-wide Conservation Enforcement Program Summary and the NPPC Provincial Review Process.	FY04-07 Ongoing	$2,089

Outyear objectives-based budget

Objective	Starting FY	Ending FY	Estimated cost
Objective 2. Provide enhanced enforcement of laws and rules for the protection of anadromous fish, resident fish, wildlife, and their habitats with an emphasis on depleted populations on the Nez Perce reservation and Treaty lands, including ESA stocks.	2004	2007	$1,777,450
Objective 4. Improve cost-effectiveness of fisheries and habitat enforcement efforts via improved coordination within the NPT and with other Columbia Basin enforcement and regulatory agencies through appropriate coordination mechanisms.	2004	2007	$37,818
Objective 5. Enhance voluntary compliance of laws and rules to protect Columbia Basin fishes and their critical habitats via increased public involvement and deterrence of illegal activities.	2004	2007	$37,818
Objective 6. Maximize the annual and long-term efficacy of enforcement efforts through the development of annual operational and 5-year strategic plans for Nez Perce conservation enforcement.	2004	2007	$37,818

Outyear budgets for Construction and Implementation phase

FY 2004	FY 2005	FY 2006	FY 2007
$438,712	$460,648	$483,680	$507,864

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, boats, aircraft flights, equipment, and facilities 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; aircraft flights are not funded at this time.	FY04-07 Ongoing	$59,889

Outyear objectives-based budget

Objective	Starting FY	Ending FY	Estimated cost
Objective 3. Operate and maintain patrol vehicles, boats, aircraft flights, equipment, and facilities to provide for full time (7x24x365) enforcement readiness and effectiveness.	2004	2007	$271,036

Outyear budgets for Operations and Maintenance phase

FY 2004	FY 2005	FY 2006	FY 2007
$62,883	$66,028	$69,329	$72,795

Section 7. Budget for Monitoring and Evaluation phase

Task-based budget

Objective	Task	Duration in FYs	Estimated 2003 cost	Subcontractor
Objective 7. Maximize the accountability of the enhanced NPT enforcement project and achievement of results for the protection of fish & wildlife and their critical habitats via M&E of the efficacy of the program via qualitative/quantitative criteria.	Task 7.1. Develop performance standards and specific quantitative and qualitative criteria to objectively measure achievement of results.	FY04-07 Ongoing	$1,220	Yes
	Task 7.2. Collect and summarize law enforcement statistics using a consistent scientifically valid methodology, and document the results of the enhanced law enforcement program through quarterly & annual reports, and annual project review presentations.	FY04-07 Ongoing	$12,810	Yes
	Task 7.3. Conduct integral independent scientific evaluations of the efficacy of enhanced Inter-Tribal fishery enforcement efforts in Zone 6 of the Columbia River. The NPT-CE Dept. will cooperate with the independent third-party M&E of the CE project.	FY04-07 Ongoing	$14,640	Yes
	Task 7.4. Develop and maintain 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	$1,830	Yes

Outyear objectives-based budget

Objective	Starting FY	Ending FY	Estimated cost
Objective 7. Maximize the accountability of the enhanced NPT enforcement project and achievement of results for the protection of fish & wildlife and their critical habitats via M&E of the efficacy of the program via qualitative/quantitative criteria.	2004	2007	$138,032

Outyear budgets for Monitoring and Evaluation phase

FY 2004	FY 2005	FY 2006	FY 2007
$32,025	$33,626	$35,308	$37,073

Section 8. Estimated budget summary

Itemized budget

Item	Note	FY 2003 cost
Personnel	FTE: 7.75	$230,084
Fringe		$80,529
Supplies		$6,102
Travel		$4,455
Indirect		$79,641
Capital		$17,010
NEPA		$0
PIT tags		$0
Subcontractor	Steven Vigg & Company, Adaptive Management, Monitoring & Evaluation	$33,500
Other	Operations & Maintenance (O&M)	$59,889
		$511,210

Total estimated budget

Total FY 2003 cost	$511,210
Amount anticipated from previously committed BPA funds	$0
Total FY 2003 budget request	$511,210
FY 2003 forecast from 2002	$513,223
% change from forecast	-0.4%

Reason for change in estimated budget

FY2003 budget request is consistent with forecast from FY2001 -- it is about $2,000 less than forecast due to deferred non expendable equipment purchases each year.

Reason for change in scope

N/A

Cost sharing

Organization	Item or service provided	Amount	Cash or in-kind
NPT - BIA Funding	Baseline NPT Conservation Enforcement Services	$275,583	cash

Other budget explanation

A Travel Trailer ($11,500) is included in the budget this year -- it will save officer travel time and per diem expenses (and increase safety) for patrols outside driving distance of Lapwai. This is the first major non-expendable item purchased since 1997 due to severe budget constraints since the FY2000 Project was initiated.

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 well written proposal is similar to those submitted by the Colville and Umatilla Tribes for increased and enhanced enforcement presence and education to protect T&E stocks and their habitat. It also takes an evaluative approach to the enforcement problem and builds in continual monitoring, evaluation, and adjustment. Project activities are evaluated in terms of inputs, outputs, and outcomes.

Last year the ISRP asked for a more complete background on the magnitude of the illegal harvest problem. This is provided in the form of identification of species of concern, trends in calls to enforcement and numbers of trespass. Pre-and post funding of enhanced enforcement activities are compared in term of numbers of contacts and reports of violations, but with specific note that linking the changes in enforcement effort to biological outcomes will require more evaluation, to be done in subsequent years of the project.

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

More detail should be provided on the metrics used to evaluate progress toward meeting objectives.
How would you determine whether voluntary compliance is optimized, or whether enforcement efficacy and accountability is maximized? Probably the best that can be done is to measure improvement to some specified standard.
Specify the type of coordination with other law enforcement units.

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:

REVIEW:
CBFWA FY03 Budget Review Comments

Recommendation:
Urgent

Date:
Oct 24, 2002

Comment:

The Nez Perce Tribe is investigating the use of a surplus travel trailer, which may eventually reduce their budget by approximately $11,500 (budget has not been adjusted).

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 well written proposal is similar to those submitted by the Colville and Umatilla Tribes for increased and enhanced enforcement presence and education to protect threatened and endangered stocks and their habitat. It also takes an evaluative approach to the enforcement problem and builds in continual monitoring, evaluation, and adjustment. Project activities are evaluated in terms of inputs, outputs, and outcomes.

Last year the ISRP asked for a more complete background on the magnitude of the illegal harvest problem. This is provided in the form of identification of species of concern, trends in calls to enforcement and numbers of trespass. Pre and post funding of enhanced enforcement activities are compared in term of numbers of contacts and reports of violations, but with specific note that linking the changes in enforcement effort to biological outcomes will require more evaluation, to be done in subsequent years of the project.

Some of the responses overlap with those of 2000-056-00. For those specific to the Nez Perce proposal: the justification of core staff is adequate. The response acknowledges that public education and outreach plans have fallen victim to budget cuts and subsequent decisions to concentrate resources in enforcement presence, but it does provide an adequate plan for conducting public outreach and monitoring its effectiveness. The response does a good job outlining performance criteria and their associated metrics.

REVIEW:
NMFS Review

Recommendation:

Date:
Jan 21, 2003

Comment:

Statement of Potential Biological Benefit
Unknown. Increase conservation law enforcement (CE) protection of fish, wildlife, critical habitats and other natural resources within watersheds managed by the Nez Perce Tribe.

Comments
This is a tribal law enforcement action. Although potentially valuable, the proposal 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