Institutional Recommendation 2

Columbia River Fish Management Plan

Plan and implement the fish production called for in the U.S. v. Oregon Columbia River Fish Management Plan.

Current Status

Since the mid-1990s, the parties to U.S. v. Oregon struggled to reach agreement production actions. In many years, litigation occurred and annual or interim agreements were only reached through court-ordered negotiation, settlement orders or rulings of the court. The parties to U.S. v. Oregon negotiated a successor agreement to the 1988 Columbia River Fish Management Plan, which extended from 1997 to 2008. After many years of negotiation, the 2008-2017 U.S. v. Oregon Management Agreement was concluded in May 2008. The 2008-2017 agreement is a stipulated court order in U.S. v. Oregon and will guide management decisions for mainstem Columbia Basin production programs until 2017, but will not be used to set precedent or prejudice future allocation or production actions.

Assessment

The 2008-2017 U.S. v. Oregon Management Agreement contains the fundamental elements the tribes identified at the start of negotiations. Production programs crucial to treaty fisheries and tribal fishery programs will continue as part of the court-ordered agreement. The tribes have the opportunity to engage the states on regulatory issues under the auspices of a federal court. The parties formalized rebuilding commitments and agreed to performance measures. The agreement provides co-management structure and is enforceable in federal court.

The 2008 agreement expires by its terms in 2017. For the remaining period of the agreement, a key outcome is implementation of the agreement’s production programs (without too many additional processes).

New and Modified Actions

  • Review escapement goals for each species.
  • Review performance of allocation agreements and adjust as appropriate.
  • Improve tribes’ ability to meet their First Food ceremonial needs for salmon, particularly for spring chinook, through appropriate production programs and non-Indian harvest regulations, as required by U.S. v. Oregon agreements.
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