Review finds flaws in federal biological
opinions By GILLIAN FLACCUS The Associated Press 2/3/02 9:33 PM PORTLAND, Ore. (AP) -- A report by the National Academy of Sciences concludes that government scientists did not have enough evidence to issue the biological opinions that cut off irrigation water to Klamath Basin farmers last summer to protect endangered and threatened fish. The review, obtained by the Associated Press from Congressional sources, reviews biological opinions by the U.S. Fish and Wildlife Service on endangered suckers in the Upper Klamath Lake and the National Marine Fisheries Service on threatened coho salmon in the Klamath River. The interim report -- a final version is due out next year -- appeared a small victory for farmers, who for months have angrily questioned the work of government scientists that led to the water cut off. The review will be officially released Wednesday. In 2001, the federal agencies increased the minimum water level requirement for Upper Klamath Lake and the Klamath River from what it had been over the past decade. In last summer's drought conditions, the new levels forced government agencies to choose between fish and farmers on the 220,000-acre Klamath Reclamation Project spanning southern Oregon and northern California. The Upper Klamath Lake is the project's main water source. The report found there was not enough specific evidence to justify the decision by the National Marine Fisheries Service and the Fish and Wildlife Service to raise the water levels for coho salmon and sucker fish. "Based on our evaluation, if this was another drought year the farmers would get more water," said Peter Moyle, a committee member and professor of fish biology at University of California-Davis. "The basic idea was that the information just wasn't there to justify the kinds of conclusions that were there." Moyle said detailed studies that compare sucker fish populations with water levels in Upper Klamath Lake weren't available -- and those types of studies take years to accomplish. "Incidents of adult mortality (fish kills) ... have not been associated with years of low water level," the review reads. In addition, "the highest recorded recruitment of new individuals into the adult populations occurred ... in a year of low water level," it says. As for the Klamath River coho salmon, the data available doesn't prove that increased summer stream flows benefit the fish, Moyle said. Also, water used to increase Klamath River flows would come from reservoirs, where the water is too warm for the fragile coho, he said. "The coho really likes cold water, and it doesn't matter how much water you release down the system if it's too warm," he said. The water in the Klamath River is already dangerously warm, and coho are only able to survive because cooler groundwater seeps up from below and small tributaries provide pockets of cold water, the report says. Moyle said the committee agreed with many other recommendations by the National Marine Fisheries Service and the Fish and Wildlife Service. Those proposals include inserting screens over irrigation pipes so sucker fish don't get shunted into fields and adding gravel beds upstream so the fish can lay their eggs there. "It's a biologically very complicated system. (The fisheries services) are really trying hard to err on the side of the fish, which is their job," Moyle said. Interior Secretary Gale Norton called for the review last year after farmers expressed doubt over the validity of the government's science. The farmers offered their own report maintaining that higher water levels in Upper Klamath Lake would not help the sucker fish. The farmers' report blamed lack of wind and hot summers for fish kills. The U.S. Fish and Wildlife Service's biological opinion said higher water levels were the only way to dilute agricultural runoff that generates massive algae blooms in the lake, robbing the water of oxygen and killing fish. A full report from the National Academy of Sciences, taking a broader view of the situation, is due next year. That report will be presented to Norton.
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