Anadromous Fish Law Memo

The StreamNet Library received permission to digitize and provide electronic access to all issues of the Anadromous Fish Law Memo published from 1979 – 1990. We would like to thank the publication’s former editor, Professor Michael Blumm from Lewis & Clark College’s Northwestern School of Law and Oregon State University’s Extension/ Sea Grant Program, former distributor of the publication, for their permission and support. We are also very grateful to StreamNet Library volunteer Ed Kazzimir who played a critical role ushering the project from conception to completion.

Note: For more information on anadromous fish law, the StreamNet Library recommends the following title:

Blumm, M.C. 2002. Sacrificing the salmon: A legal and policy history of the decline of Columbia Basin salmon.

Issues 1-10 | 11-20 | 21-30 | 31-40 | 41-50

Issue 1 June 1979 Anadromous Fish and Federal Water Projects in the Columbia Basin Page 1 Fish Law Briefs BPA Power Supply Contract Requires an EIS Page 6 Ruling Expected on Environmental Phase of Indian Fishing Litigation Page 6 Tribes Seek Injunctions Page 6 Coordination Act Regulations : Principles and Standards Revisions Page 7 Water Project Cost-Sharing Bill Sent to Congress Page 7 Low-Head Hydro Regulations Page 7 Solicitor Issues Opinion on Bumping Lake Page 7 Oregon Fill and Removal Law Interpreted Page 8 PNRBC Adopts Anadromous Fish Resolution Page 8 Issue 2 July 1979 Supreme Court Upholds Boldt Decision Page 1 Fish Law Briefs Belloni Removes Himself from Ocean Salmon Case Page 3 Idaho Sues over Fish Page 4 Priest Rapids Flows to Be Studied Under FERC Agreement Page 4 Preliminary Decision on Endangered Species Status for Up-River Stocks Not Expected Until Fall Page 4 Northwest Energy Bill Page 5 Magnuson Chairs Anadromous Fish Hearings Page 5 Hearings on Water Project Cost Sharing Bill Scheduled Page 5 Debate over Ben Franklin Dam Continues, Funds Slotted for Feasibility Studies Page 6 Hatchery Permit Issued to Crown Zellerbach Page 6 Issue 3 September 1979 Anadromous Fish and Federally-Licensed Columbia River Dams Page 1 Fish Law Briefs Northwest Energy Bill Passes Senate with Weak Fish Provisions Page 5 Treaty Rights Held to Provide Minimum Flows for Fish Page 6 Supreme Court Asked to Reconsider Boldt Decision Page 6 Ninth Circuit Stays Schwarzer’s Order, But Kreps Refuses to Reopen Ocean Fishery Page 7 FERC Settlement on the Lower Snake River Page 7 New Oregon Law Requires Mitigation of Estuarine Developments Page 7 Report on Negotiating Stream Flows Issued Page 8 Issue 4 October 1979 The Pacific Northwest Power Bill and Anadromous Fish Protection Page 1 Fish Law Briefs Unexpected Drop in Size of Chinook Run Prompts Up-River Closure Page 5 Indian Treaty Rights Held to Require Minimum Streamflow Page 6 Washington Again Fails to Persuade Supreme Court Page 6 Tribes Seek Injunction Against Washington Page 7 Indians Denied Injunctive Relief Page 7 Commission Withholds Hatchery Permit Page 7 Issue 5 December 1979 The Columbia River Conference : a Synopsis Page 1 Fish Law Briefs Washington Supreme Court Affirms State’s Authority to Implement “Boldt Decision” Page 8 Federal Legislation to Aid Fish Under Preparation Page 9 FERC Settlements Still Pending Page 9 “Fast Track” Energy Legislation May Have Fish Impacts Page 9 GAO Report Criticizes Fisheries Law Enforcement Page 9 Oregon Fish and Wildlife Commission Considering Fish Plan Page 10 Oregon Minimum Flow Law under Scrutiny Page 10 California Commences Indian Fishery Litigation Page 10 Yakima Nation Seeks Order Halting Gravel Operations Page 10 Issue 6 March 1980 The Fish and Wildlife Coordination Act and Columbia Basin Water Project Operations Page 1 Fish Law Briefs Northwest Energy Bill Marked up by House Sub-Committee Page 10 Idaho’s Supreme Court Suit to Proceed Page 10 Washington Proposes Columbia River Instream Resource Protection Program Page 10 GAO Opposes Proposed Additions to Libby Dam Page 11 GAO Advocates Small-Hydro Development; Discounts Concern That Water Supplies Will Constrict Western Energy Development Page 11 Issue 7 April 1980 Odd Man Out Wins a Preliminary Victory : an Analysis of the Supreme Court’s Decision in Idaho v. Oregon and Washington Page 1 Fish Law Briefs House Commerce Committee Passes Energy Bill with Strong Fish Provisions Page 6 Pacific Council Adopts Ocean Salmon Plan Page 8 Attempts by Gillnetters to Lengthen Spring Chinook Season Fail Page 8 Issue 8 June 1980 The Crown Zellerbach Salmon Hatchery Permit Appeal : a Case Study of Decision-Making in the Face of Scientific Uncertainty Page 1 Fish Law Briefs “Magnuson” Enhancement Bill Passes Senate Page 4 Commerce Department Approves Pacific Council’s Salmon Management Plan Page 5 Some Thoughts on the Regional Energy Legislation Page 6 Issue 9 August 1980 Developments in Pacific Northwest Fisheries Law Page 1 Fish Law Briefs Appeals Court Invalidates Crown Zellerbach Hatchery Permits Page 5 Fisheries Provisions in Northwest Energy Bill Weakened by House Subcommittee Page 5 Corps’ Toutle River Dams under Construction Page 7 Corps Identifies 394 New Dam Sties in Columbia Basin Page 7 Challenge by California Trollers to Ocean Salmon Regulations Fails Page 8 Issue 10 October 1980 Operation of the Federal Columbia River Power System and the Structuring of Administrative Decision-Making Page 1 Fish Law Briefs “Phase II” Decision Entitles Tribes to Hatchery Fish, Habitat Protection Page 14 Energy Bill Faces Uncertain Future Page 14 More Changes Made to Fisheries Enhancement Bill Page 15 Comprehensive Columbia River Salmon/Steelhead Plan Released Page 15 Court Refuses to Close Lower Columbia Fishery Page 15 Commerce Imposes Early Closures on Ocean Salmon Fisheries Page 16 Back to top Issue 11 January 1981 The Pacific Northwest Electric Power Planning and Conservation Act : a Preliminary Analysis Page 1 Fish Law Briefs Salmon and Steelhead Enhancement Bill Becomes Law Page 16 Energy Program Recommends Increased Agency Responsiveness to Hydro Applications Page 16 Court Orders Special Flows for Yakima Page 16 Fish and Wildlife Commission Orders Hatchery Permit Moratorium Page 17 Interior, Commerce Departments Release Draft EIS on New Coordination Act Rules Page 17 Issue 12 April 1981 Indian Treaty Fishing Rights and Protection of the Environment Page 1 Issue 13 May 1981 Implementing the Regional Power Act : an Analysis of Some Pressing Issues Page 1 Fish Law Briefs Mid-Columbia Settlement Hits Rough Water Page 7 Recent Publications Page 7 Fish Law Memo Provided a Year’s Reprieve Page 8 Issue 14 July 1981 BPA Proposes Draft Power Contracts that Compromise Fish and Wildlife Page 1 Issue 15 August 1981 The Salmon and Steelhead Enhancement Act of 1980 : Laudable Objectives, Little Funding Page 1 Fish Law Briefs BPA Proposes to Increase Quality of Power Supplied to Its Direct-Service Customers Page 15 Congressional Subcommittees Criticize BPA Actions on Power Sales Contracts Page 16 Fish and Wildlife Language Agreed to for Inclusion in Power Contracts Page 17 Issuance of New License for Rock Island Dam Challenged Page 17 Oregon Supreme Court Upholds Invalidation of Private Hatchery Permit Page 18 Ninth Circuit Rules Indians Entitled to Water for Natural Fish : Hatchery Stocks No Substitute Page 19 Court Rules on Tribal Suits to Curtail Ocean Fisheries Page 19 Sea Grant Budget Still Undetermined Page 20 Issue 16 December 1981 Fish and Wildlife Program Recommendations Submitted to Regional Council Page 1 Issue 17 April 1982 Fish and Wildlife Program Approval Issues : a Legal Perspective on Scientific Proof, Economic Cost, and Indian Treaty Rights Page 1 Fish Law Briefs The Oregonian Endorses 4(h) Fish Flows Page 24 Expansion of Priest Rapids and Wanupum Dams Rejected Page 24 Fisheries Agency Questions BPA Decision-Making Page 24 Conferences Scheduled Page 26 Issue 18 May 1982 Hydropower System Planning and Operations and the Enfranchisement of Fish and Wildlife Page 1 Fish Law Briefs Economic Value of Salmon Losses Estimated Page 9 PNUCC Memo on FERC Authority Page 10 Regional Council Requests FERC to Show Equitable Treatment Page 11 Appeals Court Overturns BPA Power Contracts Page 11 BPA’s Forecast Precipitates Delay of WPPSS #1 Page 13 NMFS Urges Council to Fully Integrate Fish and Wildlife into Energy Plan; Criticizes BPA’s Billing Credits Proposal Page 14 Risk Management Methodology Proposed Page 15 Proposed Wiley Dam Opposed Page 15 Sultan River Settlement Agreement Page 16 Issue 19 September 1982 A Reexamination of Columbia Basin Fish and Wildlife Program Issues Page 1 Fish Law Briefs State Department Says Columbia River Treaty Does Not Preclude Fish Flows Page 13 FERC Judge Orders Prototype Bypass Testing on Mid-Columbia; Orders Study on Interim Spill Levels Page 14 Proposed Salmon River Drainage Dams Threaten Upriver Stocks Page 15 FERC Upholds Rock Island Dam License Page 16 Washington DOE Proposes to Diminish Instream Flow Program Page 18 Oregon Considers Mainstem Columbia Program Page 20 Recent Publications and Reports Page 21 Issue 20 January 1983 Fish and Wildlife Protection Outside the Columbia River Basin Under the Northwest Power and Conservation Act Page 1 Fish Law Briefs Ninth Court Phase II Ruling Diminishes Tribes Environmental Right But Affirms Kittitas Decision Page 14 Dams Exempt from Water Pollution Permit Requirements Page 14 NWF and Yakimas Appeal Rock Island Decision Page 14 Washington DOE Promulgates Changes to Instream Flow Program; Oregon Program Deferred Page 15 Groups Petition Oregon Board of Forestry for Habitat Protection Rules Page 15 Memo‘s New Assistant Editor Page 15 Back to top Issue 21 March 1983 Securing a Fair Share : Indian Treaty Rights and the “Comprehensive” Plan for the Columbia River Page 1 Fish Law Briefs Power Council Adopts Fish and Wildlife Program; Proposes Electric Power Plan Page 12 U.S./Canadian Salmon Interception Treaty Proposed Page 13 1982 Harvest Figures Show Tribes Shortchanged Page 14 PFMC 1983 Salmon Management Plan Proposed Page 14 Ninth Circuit Requires FERC to Include Fishery Agency Conditions Page 14 California Supreme Court Uses Public Trust Doctrine to Protect Mono Lake Page 15 Low Water Year Conference Scheduled Page 15 1983 BPA Rate Case Begins Page 16 Issue 22 July 1983 An Evaluation of the Columbia Basin Fish and Wildlife Program Page 1 Issue 23 August 1983 Developments in the Law : 1979-1983 Page 1 Fish Law Briefs Regional Council Adopts Northwest Conservation and Electric Power Plan Page 8 Supreme Court Rejects Idaho’s Bid for a Fair Share of Fish Runs Page 9 Ninth Circuit Decides to Review Phase II Decision; Confirms Fishing Rights of Quinault Tribe Page 10 Supreme Court Forecloses Reopening of Water Rights Decrees; Expands State Jurisdiction over Indian Water Rights; Permits Government Liability Under Trust Doctrine; Agrees to Hear DSI Appeal Page 10 Proposed Rogue River Basin Dams Stir Controversy Page 11 Oregon Adopts Water Policy Changes Page 11 Proposed Dams Threaten Grande Ronde Page 12 Corps Proposes to Weaken Permit Regulations Page 12 PFMC Framework Plan Schedule Page 13 NMFS and the Steamboaters Challenge FERC on Winchester Project Page 13 Publications of Interest Page 14 A Fish Law Memo Bibliography Page 15 Issue 24 March 1984 Funding and Other Implementation Challenges to the Columbia Basin Fish and Wildlife Program Page 1 Fish Law Briefs “Colloquy on BPA Funding” : BPA Foot-Dragging Dooms Salmon Runs Page 7 BPA Presses Ahead to Aid Fish, Wildlife Page 8 Salmon Funding Page 10 Senator Packwood’s Views Page 10 Ninth Circuit Affirms Klamath Tribe’s Water Rights Page 10 FERC Refuses Salmon River Cumulative Impacts Assessment Page 11 FERC Denies Wiley Dam Page 12 GAO Endorses Oregon Production Index Page 12 Oregon Trout Formed Page 12 Issue 25 May 1984 Oregon’s Wild Fish Management Policy : Large Promises, Few Deliveries Page 1 Fish Law Briefs Mapleton Timber Sale Enjoined; Worst Case Analysis on Anadromous Fish Habitat Required Page 9 FERC Continues to Resist Cumulative Impact Assessments but Defers to Fish and Wildlife Agency Conditions Regarding Exemptions Page 10 “Save Bentham Falls Committee” Formed to Oppose Deschutes River Development Page 12 Kootenai Falls Dam Rejected Page 13 Congress Considers Bills to Authorize Mitigation, Shift Mitchell Act Funding to BPA, Protect Rivers Page 13 Congressman AuCoin Calls for Restoration of Fisheries Budgets Page 14 Publications of Note Page 15 Issue 26 July 1984 Supreme Court, Ninth Circuit Decisions Curb FERC Hydroelectric Authority : Good News for Fish and Wildlife Page 1 Fish Law Briefs Regional Council to Amend Columbia Basin Program with Five-Year Action Plan Page 8 Regional Council Urged to Protect Rivers Page 9 FERC Grants Rehearing on Salmon River Hydropower Projects Page 10 City of Portland Hydropower Project Threatens Sandy River Page 11 Agencies to Classify Wild Fish Non-Viable Page 13 Finally … Some Hydro Planning Page 14 Forest Service Planning Guts Fish Page 14 Publications of Note Page 15 Issue 27 July 1984 Regional Council Proposes 5-Year Action Plan and Other Amendments to the Columbia Basin Program Page 1 Fish Law Briefs Water Budget Undermined by Corps and BPA Page 9 BPA Attempts to Control Spills Page 10 Hydropower Assessment Steering Committee Plans for Future Hydroelectric Development; PNUCC Objects Page 11 Phase I of Fish “Goals Study” Proposed Page 13 United States/Canada Treaty Coalition Formed Page 15 Court Says Aboriginal Indian Title Can Survive Statehood Page 15 Issue 28 October 1984 Ninth Circuit Orders an EIS on BPA’s Power Sale Contracts Page 1 Fish Law Briefs BPA Intertie Access Policy Shortchanges Fish and Wildlife Page 8 Northwest Power Planning Council Chairman Assails FERC before Congress Page 10 FERC Sued over Failure to Evaluate Cumulative Effects of Salmon River Projects Page 11 Regional Council Adopts Hydro Assessment Study Work Plan but Rejects Interim Site Ranking Page 11 Wild Fish, “Boldt” Decision under Attack Page 12 Why Sport Fishers Support Treaty Rights Page 13 The Concept of Salmon Stock Viability from a Harvest Manager’s Prespective Page 14 Oregon and Washington House Members Back U.S./Canada Treaty Page 16 Salmon Ranching in New Zealand Page 17 Upcoming Conferences Page 18 Publications of Note Page 18 Issue 29 May 1985 The International North Pacific Fisheries Commission : a Thirty-Year Effort to Manage High Seas Salmon and Some Suggestions for the Future Page 1 Fish Law Briefs Congressman Dingell Instructs FERC on Northwest Power Act’s Legislative History Page 9 Senator Hatfield Queries FERC on Winchester Dam Enforcement Page 11 AuCoin Appeals for Fisheries Support Page 12 Northwest Power Planning Council Commends Corps on Bonneville Second Powerhouse Plan Page 12 Oregon Trout Alleges that Elk Creek Dam is Bad Business for the Rogue River Fishery Page 13 Allocation in the Management of Alaska’s Fishery Resources Page 14 Issue 30 January 1985 Restoring Columbia Basin Salmon under the Northwest Power Act : a Report on the Experiment and a Look at Some Storm Clouds on the Horizon Page 1 Fish Law Briefs The Value of Wild Fish Page 14 Updates on Threatened Streams in Oregon (Boulder Creek, Fish Creek, Upper Deschutes, Elk Creek Dam) Page 15 Back to top Issue 31 July 1985 Cumulative Impacts of Hydropower Development under the National Environmental Policy Act : the Requirement of a Basin-Wide Approach Page 1 Symposium on Salmon Law Page 11 Sea Grant Extends Memo Publication Page 12 Issue 32 August 1985 Workshop on the Late, Great Columbia River Fishery (Part I)–History of the Fishery and Ongoing Restoration Efforts Page 1 Fish Law Briefs Will BPA Dismantle the Water Budget Center? Page 9 Conference on Recent Developments in Environmental Law Page 11 Issue 33 September 1985 Workshop on the Late, Great Columbia River Fishery (Part II)–”Salmon and the Law” Page 1 Fish Law Briefs Congressman Swift Drafts Bill to Alter FERC Hydroelectric Decision Making Page 9 McClure Leads Attack on Fishing Funds Page 10 Northwest Congressional Delegation Supports Comprehensive Salmon Planning Page 11 Fish and the 1985 Oregon Legislature Page 12 Oregon Trout on Cultural Differences and Steelhead Harvest Page 13 River Studies Begin in Northwest States Page 13 Oregon Regional Update (Berry Creek, Mill Creek, Siletz River Power) Page 14 Territorial Sea : a Newsletter of Legal Developments in Marine Resource Management Page 14 Issue 34 November 1985 The Failure of the Fish Passage Provisions of the Columbia Basin Fish and Wildlife Program and Some Suggested Remedies Page 1 Fish Law Briefs BPA Intertie Upgrade Activities and Their Fishery Effects Page 7 National Marine Fisheries Service Questions the Utility of FERC’s Cluster Impact Assessment Procedure Page 8 Regional Council Issues Draft Compilation of Columbia River Basin Fish Losses Page 10 The City of Portland’s Proposed Bull Run Hydro-Project Shelved Page 11 City of Klamath Falls Temporarily Withdraws Proposed Salt Caves Hydro-Project Page 12 Tribal Perspective on Pacific Salmon Treaty and the Status of Columbia River Fish Runs Page 13 Idaho Law Review Symposium Page 14 Publications of Note Page 15 Issue 35 March 1986 Small Scale Hydropower and Anadromous Fish : Lessons and Questions from the Winchester Dam Controversy Page 1 Issue 36 July 1986 Ninth Circuit Upholds Constitutionality of the Northwest Power Planning Council Page 1 Fish Law Briefs Power Planning Council Amendments Fail to Provide Adequate Spills to Protect Juvenile Fish Page 11 Proposed BPA-Edison Power Sale Criticized Page 13 FERC ALJ Issues Decision on Fish Protection Measures at Rock Island Dam Page 13 FERC Releases Draft Environmental Impact Statement on Owens River Basin Hydro-Projects Page 15 NEDC and Oregon Trout Challenge Department of Commerce on 1986 Ocean Quota for Coho Salmon Page 17 Salmon Law Symposium Page 19 Issue 37 October 1986 Livestock Grazing in Riparian Zones : Ensuring Fishery Protection in Federal Rangeland Management Page 1 Issue 38 November 1986 The Failed Promise of the Columbia Basin Fish and Wildlife Program and What to Do about It Page 1 Fish Law Briefs Ninth Circuit Rules FERC Violated the Federal Power Act in Salmon Basin Hydroelectric Cases Page 12 PFMC Proposes Habitat Amendment for Ocean Salmon Plan Page 13 ODFW Challenges BPA’s Decision to Shelve Willamette Basin Mitigation Plan Page 14 Fishery Interests Protest BPA Terminal Expansion Page 14 Northwest Power Planning Council Estimates Columbia River Basin Fish Losses and Assesses Hydropower Responsibility Page 18 Issue 39 February 1987 Restoring the Columbia’s Upriver Runs : a Variety of Perspectives (Part I) Page 1 Intertie Expansion and Fish Protection : Idaho Objects to BPA’s Draft EIS Page 2 National Forest Planning and Its Downstream Fishery Effects Page 9 Cashiering the Wild Fish Page 10 Prayers Won’t Resurrect Streams Page 14 A Colloquy on Columbia Basin Fish and Wildife Program Implementation Page 15 Issue 40 March 1987 Restoring the Columbia’s Upriver Runs : a Variety of Perspectives (Part II) Page 1 Salmon in Our Psyche Page 2 A Strategy for Enhancing Columbia River Salmon and Steelhead Runs Page 3 On Being a Fish Advocate Page 7 The Columbia Basin Program’s Achilles Heels : Mainstem Passage and Implementation Page 10 The Benefits from Increased Spills Page 15 Back to top Issue 41 May 1987 National Forest Planning and Anadromous Fish Protection : a Trilogy of NEPA Cases Page 1 Anadromous Fish Law Memo Bibliography (1979-87) Page 14 Issue 42 1981 Fish and Wildlife Preservation, Environmental Protection, and the Northwest’s Electric Power System : a Panel of Views Page 1 The Columbia River Fisheries Thirteen Years after the Boldt Decision Page 2 The Northwest Power Act’s Institutional Innovations and Some Unfulfilled Promises Page 6 Hydropower and Environmental Protection : Pacific Intertie Expansion and FERC Decision Making Page 10 On Being a Fish Advocate before FERC Page 18 The Rock Island Dam Settlement Page 21 Question and Answer Session Page 24 Salmon Law Symposia Page 27 Issue 43 November 1987 Fish and Power in the Columbia Basin : Past and Future Page 1 Section 4(h) of the Northwest Power Act : How We Got There, Where We’re Going Page 2 Cogenerating Columbia River Salmon and Hydropower Page 7 Fish Law Briefs Northwest Power Planning Council Releases Issue Paper on Protected Areas Designation Page 13 BPA Ordered to Perform EIS on Intertie Expansion : Intervenes in Vernita Bar Settlement Seeking Reduced Fishery Protection Page 14 Failure to List Sacramento River Winter Chinook as Threatened Species Challenged Page 15 Issue 44 January 1988 Habitat Protection and the Magnuson Fishery Conservation and Management Act Amendments of 1986 Page 1 Fish Law Brief “Protected Areas” Designations Opposed by Tacoma City Light Page 14 Issue 45 April 1988 Anticipating the “Blue Revolution” : the Growth of the Salmon Farming Industry and Its Public Policy Implications Page 1 Issue 46 August 1988 A Guide to Federal Wetlands Protection under Section 404 of the Clean Water Act Page 1 Issue 47 December 1988 Implementing the U.S.-Canada Pacific Salmon Treaty : Two Perspectives Page 1 The Struggle to Move from “Fish Wars” to Cooperative Fishery Management Page 2 An Assessment of the Pacific Salmon Commission’s First 3 Years : Frustration and Disappointment–But Optimism for the Future Page 13 Issue 48 January 1989 Native Fishing Rights and Environmental Protection in North America and New Zealand : a Comparative Analysis Page 1 Issue 49 October 1989 Pluralism and the Environment : the Role of Comment Agencies in NEPA Litigation Page 1 NEPA Conference Scheduled Page 17 Recent Publications on Wetlands Law, the Public Trust Doctrine and Western Water Law, Federal Fisheries Management, and the Endangered Species Act Page 18 Issue 50 August 1990 Anadromous Fish Law : 1979-90 Page 1 Other Publications of Note Page 33 Anadromous Fish Law Memo Bibliogrphy (1979-90) Page 34 Anadromous Fish Law Memo Contributing Authors Page 35 Publications Other Than Fish Law Memos Page 37 Back to top If you are unable to download these documents or have questions about any of these reports, please contact the StreamNet Library (503) 238-0667.