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
CTUIR Tributary Enforcement

BPA project number   5505500

Business name of agency, institution or organization requesting funding
CTUIR

Sponsor type   OR-Tribe

Proposal contact person or principal investigator
 NameKatherine Minthorn
 Mailing addressP.O. Box 1083
Pendleton, OR 97801
 Phone541/278-0551

BPA technical contact   , EWN

Biological opinion ID   

NWPPC Program number   

Short description
The CTUIR will develop a coordinated enhancement for a fish and wildlife enforcement program, which will support continued interagency cooperation with tribal, state and federal agencies in the "gravel-to-gravel" management philosophy adopted for protecting Columbia River salmonids, and salmon listed by ESA, and all other anadromous fish.

Project start year   1997    End year   2001

Start of operation and/or maintenance   1997

Project development phase   Implementation

Section 2. Narrative

Related projects
Overall Law Enforcement #92-024 - Enhanced Columbia Basin Law Enforcement -- Unified contract with the U.S. Fish and Wildlife service to administer funds to five Law Enforcement agencies; i.e. CRITFC, OSP, WDFW, IDFG, and MDFWP. The proposed new enforcement project with the Umatilla Tribe will be integrated with the ongoing BPA-funded law enforcement project (92-024), the Columbia Basin Law Enforcement Council (CBLEC) and proposed fish and wildlife enforcement project of other Columbia Basin Indian Tribes.

Project history
This is a new project. Past law enforcement efforts have been funded primarily for the Columbia mainstem. In 1991 the Bonneville Power Administration allocated funding to the Columbia River Inter Tribal Fisheries Enforcement which allows only for the regulation and monitoring of the mainstem Columbia Fisheries. As negotiated in the Treaty of 1855, the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) retain treaty fishing rights in all usual and accustomed waters. The CTUIR is deficient in manpower and funding to provide fisheries enforcement on the Umatilla River (mainstem/tributaries), Walla Walla River (mainstem/tributaries),Tucannon River (mainstem), John Day River (mainstem/tributaries), Lower Yakima River (mainstem), Snake River (mainstem/tributaries) and other tributaries. CRITEC does not patrol or enforce tribal, state or federal law on the above mentioned mainstems and tributaries. The CTUIR is therefore requesting funding to establish a fish and wildlife law enforcement division for the protection of all species of adult salmon returning to Treaty protected spawning grounds. The above mentioned rivers and streams are under the jurisdiction of the States of Oregon, Washington, Idaho and the tribes of Umatilla, Nez Perce, Warm Springs and Yakama.

Biological results achieved

Annual reports and technical papers

Management implications
The CTUIR has a responsibility to enforce all applicable laws pertaining to the 1855 Treaty, authority for Tribal fisheries law enforcement is derived from the Treaties with the U.S. Government.

Specific measureable objectives
1) Increased tributary enforcement will have direct and indirect effects by visibility of patrols being a deterrent to offenders. 2) Increased adult salmon passage survival through the tributaries to the spawning grounds via reductions in illegal take and elimination of unauthorized obstructions. 3) Protection of critical spawning and rearing habitat of anadromous salmonids via enhanced compliance with existing habitat and environmental regulations. 4) Increased juvenile salmonid out-migration survival through the tributary migration corridor via compliance with fishing and habitat regulations. 5) Increased cost-effectiveness of the law enforcement efforts via inter-agency coordination and public participation. 6) Increased life cycle survival of depleted resident fish populations via enhanced harvest and habitat enforcement. 7) Increased life cycle survival of depleted wildlife, inclusive of game and non game populations via enhanced harvest and habitat enforcement.

Testable hypothesis
1) Statistics on illegal take, and survival of tagged adult salmonids. 2) Compliance rates with laws and rules for protection of stream habitat, riparian zones watersheds and ecosystems. 3) Compliance rates with screening regulations on mainstem pump and tributary diversions. 4) Contacts, enforcement statistics, habitat protected, and fish saved via inter-agency task forces per cost survival. 5) Public opinion polls, public volunteer work, voluntary compliance with laws and rules "1-800 -poacher hotline" information on violations. 6) Enforcement statistics; compliance rates with laws and rules; fisheries statistics; public awareness. 7) Enforcement statistics; compliance rates with laws and rules; wildlife statistics including survival of tagged individuals; public awareness.

Underlying assumptions or critical constraints
1) Law enforcement is an essential part of natural resource management. 2) Enforcement of existing fish, wildlife and habitat regulations is needed to improve compliance rates and protect fish stocks, wildlife populations and their critical habitat. 3) State/Tribal government coordination, public awareness and public participation benefits natural resource enforcement.

Methods
A fish and wildlife enforcement division will provide 3 enforcement officers for patrols to 1855 Treaty reserved mainstems and tributaries. Officers hired will possess a state certification and will attend the Indian or Federal Police Academy and obtain a certification comparable to a Conservation Officer. Patrols are inclusive of aircraft, boat and motor vehicle. Additional equipment such as night vision spotting scopes, monocular and a video camera will facilitate detection and prosecution of perpetrators. Computer equipment will track all statistical data gathered by enforcement officers. MOU/MOA between all jurisdictions involved in enforcement effort to increase effectiveness and alleviate duplicated patrols. Enforcement officers will enforce fisheries and habitat regulations on reservation and ceded lands. Enforcement officers will protect anadromous fish, resident fish and critical habitats on reservation and ceded lands. Coordinate with existing BPA funded law enforcement program coordinated by Columbia Basin Law Enforcement Council. Organize an evaluation of desired and actual achievement ie; increased budget, personnel, equipment, coordination, enforcement contact, warnings, arrests, seizures, salmon saved and critical habitat protected.

Brief schedule of activities
1997: Hire 3 State certified officers, one will attend a Police Academy and successfully complete the certification program comparable to the Conservation officer training at the Indian Police Academy. The supervisory officer will be State Certified, have successfully completed a conservation officer training, and have a minimum two years supervisory experience.

Negotiate a MOU/MOA involving Oregon, Idaho and Washington States, Yakama, Nez Perce, Warm Springs and Umatilla Tribes for definement of jurisdictional issues and cross commission of all officers for enforcement in all jurisdictions. Command level meetings to schedule patrols for maximum patrol efforts without duplication of services. Patrols would be intensified from January through August in an effort the protect returning adult salmonids to mainstems and tributaries.

1998:
1 Officer will attend a Police Academy and successfully complete the certification program comparable to the Conservation officer training at the Indian Police Academy. Review MOU/MOA as mentioned above for amendments or revisions if needed. Review statistics from 1997 for determination of success and review of patrol areas.
1999: Continued patrol of mainstems and tributaries
2000: Continued patrol of mainstems and tributaries
2001: Continued patrol of mainstems and tributaries

Biological need
Maximize anadromous salmonid and resident fish survival and returns to mainstems and tributaries, by reducing and/or eliminating illegal harvest and escapement. Protection of 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 implement federal trust responsibilities and to recognize Indian Treaty rights for co-management of the fish resources of the Columbia Basin. Fish and Wildlife law enforcement is essential to the Tribes' ability to assist in the management of natural resources management in the Columbia Basin. Unknown quantity of benefit gained by increased enforcement, except it will have a definite impact on survival of adult salmon.

Summary of expected outcome
Increased patrol visibility will be a deterrent the areas enforced and patrolled, of this number how many are illegally harvested, of this number how many could have been prevented by 3 additional officers. Increased escapement to support tribal tributary subsistence harvest and natural reduction goals. Increased survival of adult salmonids during migration up Columbia and Snake Rivers and tributaries and escapement to hatcheries and spawning areas. Increased survival of juvenile salmonids during migration down tributaries to Columbia and Snake Rivers. Increased protection of critical habitat of anadromous salmonids within all tributaries of the Columbia Basin. Increased awareness of the three states and four Treaty tribes' endeavor to cooperatively manage tributary law enforcement.

Dependencies/opportunities for cooperation
The participating tribes and States of Oregon, Washington and Idaho have the opportunity to reinforce and/or establish government-to-government relationships. Coordination efforts to eliminate duplication of areas patrolled and jurisdictional issues can be determined at this level of negotiations.

Risks
The risk of not funding Tribes to conduct adequate law enforcement in tributaries is diminished protection of depleted fish and wildlife populations and their critical habitat, lost of efficiencies that could be gained through government-to-government cooperation efforts and an inability to implement a true ecosystem management. A fisheries enforcement program ensures the protection of natural resources from illegal take and habitat degradation.

Monitoring activity
Statistical data summarizing individual law enforcement activity of each officer will be collected for determining effectiveness. Data will also include names and background information on subjects cited and prosecuted for illegally harvesting adult salmon.

A plan is currently being developed by CBLEC to conduct monitoring and evaluation on the overall law enforcement program. A request for proposal on a third party monitoring and evaluation is planned for procurement during 1996.

Section 3. Budget

Data shown are the total of expense and capital obligations by fiscal year. Obligations for any given year may not equal actual expenditures or accruals within the year, due to carryover, pre-funding, capitalization and difference between operating year and BPA fiscal year.

Historic costsFY 1996 budget data*Current and future funding needs
(none) New project - no FY96 data available 1997: 0
1998: 219,740
1999: 227,890
2000: 236,345
2001: 245,145

* 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   $0