Habitat Conservation Division

General Background:

Fish in the Klamath River Basin are an important biological, recreational, economic, and cultural resource. Dams have blocked or impeded access to approximately 400 miles of historic habitats since 1918. when Copco 1 Dam was completed. No anadromous fish exist in the Project Reach today due to Iron Gate Dam.

Goal:

Safe, timely, effective fish passage (via fish ladders and fish screens) is intended to benefit multiple species of fish.

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Challenges:

Within and above the Project, each species has:

- different life history adaptations;

- different biological requirements;

- different habitat needs;

- different seasonal use of discrete habitats

Why is this Important?

•Coho salmon Coho salmon are federally protected; listed as threatened under the Endangered Species Act

•Chinook salmon are a vital commercial and Tribal resource. Spring run was once dominant above Upper Klamath Lake, the Fall Run is now predominant commercial/tribal/sport run. Low numbers in 2006 lead to fishery restrictions.

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Lamprey are an important cultural resource for Tribes.

•Steelhead and resident trout are valued by sport fishermen, and as listed sensitive species in Oregon

KLAMATH HYDROPOWER PROJECT RELICENSING

NOAA Fisheries Service has a strong habitat conservation authority under sections 18, 10 (j) and 10(a) of the Federal Power Act to ensure safe, timely, and effective fish passage and habitat conservation measures at non-federal hydropower projects regulated by the Federal Energy Regulatory Commission (FERC)**. FERC hydropower project licenses are granted for 30-50 years; therefore it is important to ensure that modern habitat conservation requirements are incorporated into new licenses to contribute to species conservation and recovery.

The Energy Policy Act of 2005 (Energy Act) was signed into law on August 8, 2005. The hydropower provisions of the Energy Act created new rights for hydropower license applicants and other parties involved in relicensing, namely the right to an expedited trial-type hearing process for disputed issues of material fact with NOAA Fisheries Service’s prescriptions.

NOAA Fisheries Service Southwest Region issued a preliminary fishway prescription for the Klamath Hydroelectric Project in March 2006 along with recommendations for increased flows, disease management, and other measures to protect salmon, steelhead and lamprey from project impacts. A modified (final) fishway prescription was filed on January 29, 2007. The Project is located on the Klamath River in northern California and southern Oregon and is owned by PacifiCorp. The preliminary and modified prescriptions were developed jointly with the Department of the Interior’s Fish and Wildlife Service, and in cooperation with California, Oregon, Tribes of the Klamath, and conservation groups.

Fish passage past the Klamath Project would restore hundreds of miles of significant habitat in the Klamath Basin for four anadromous species, three listed species, and several resident species of economically and ecologically important fish. Historically, the Klamath Basin was the third most productive salmon river system on the west coast. These runs contributed to substantial commercial, recreational, subsistence, and Tribal subsistence harvests.

The issuance of the fishway prescription triggered the requirements of the Energy Act. PacifiCorp requested a trial-type hearing to challenge the scientific facts underlying the agencies’ preliminary prescriptions in April 2006. In August of 2006, the first ever trial-type hearing for a hydroelectric project occurred in Sacramento, California. In September 2006, Honorable Parlen L. McKenna, made ultimate findings of fact and conclusions of law supporting the positions of the NOAA Fisheries Service (and U.S. Fish and Wildlife Service (FWS)) on all of the disputed issues on trial.

**search for information on the Klamath project using FERC's project number for the Klamath project, P-2082

Other Processes:

§ State Clean Water Act Certification: PacifiCorp has filed applications with both California and Oregon water quality certifying agencies. PacifiCorp must also complete the Clean Water Act certification process in order to obtain a new license from FERC.

§ ESA Consultation: Prior to license issuance, FERC will complete consultation with FWS on listed suckers, and with NMFS on listed coho.

§ FERC License Issuance: FERC is currently scheduled to issue the new license in the Fall of 2007, but it is likely that the proceeding will continue for several more years. PacifiCorp’s existing license expired in March 2006, for as long as the relicensing continues they will operate under annual licenses issued by FERC that continue the status quo.

SUMMARY

Through the relicensing process for the Klamath Hydroelectric project, NMFS and other state and Federal agencies have been part of a PacifiCorps sponsored collaborative group made up of representatives from tribes, fishermen, farmers, conservation groups and local communities.

NMFS and the other participants provided their recommendations on terms for the new license to protect and conserve valuable public resources like salmon and steelhead that are impacted by project dams.

In some cases, the agencies can require mandatory conditions that they believe are necessary to protect particularly valuable or sensitive resources.

We believe that our prescriptions for fish ladders and other facilities at the project will significantly improve conditions for salmon, steelhead and other fish species in the Klamath River for years to come.

We are encouraged by the level of cooperation, creativity and energy that the tribes, fishermen, farmers, and other groups are applying in their efforts to reach a broad based settlement that goes beyond just the FERC license.

We believe a broad consensus based settlement is the best way to solve long standing problems in the Klamath River and address the needs of local communities.

The prescribed fishways will return salmon and steelhead back to hundreds of miles of habitat where they haven't been seen since 1917. (Copco was constructed in 1917 and became operational in 1918.)

For more information see the FERC website, for information on the Klamath project using FERC's project number for the Klamath project, P-2082