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Coho Salmon Listed, But Not Protected

Coho Salmon Listed, But Not Protected

by John Gaffin and Dana Stolzman

Countless species have thrived over the eons in the clear-running streams of the ancient redwood forest. Coho and chinook salmon, steelhead trout, the southern torrent salamander and the eerily prehistoric tailed frog are among the many fish and amphibian species that have adapted to life in cold, deep pools far below a dense redwood canopy.

However, since Europeans first brought their technologies of resource extraction to California's steep coastal valleys over a century ago, all of these creatures have suffered. The annual spawning run of wild coho salmon has declined roughly 90% over the past 50 years, from more than 200,000 in the 1940s to approximately 10,000 today. Sadly, the whims of industry-friendly politicians may determine once and for all whether the coho swims back from the brink of extinction or finally slips over the edge.

The massive decline in coho populations primarily results from degradation of its habitat in coastal streams. Ranch-ing, logging, and road-building projects clog the gravel beds coho use for spawning with silt and sediment, while culverts and other water diversions create barriers to migration. Water temperatures now rise to lethal levels every summer in streams once shaded by the forest canopy. Coho spend more time than other salmonid species in freshwater streams and are especially sensitive to changes in water temperature. Thus, the status of the coho is an indicator of the overall health of our coastal stream systems and the surrounding landscape.

In response to this decline, strict regulations have all but shut down the commercial salmon fishing industry, failing completely to focus on the systematic habitat degradation that is killing off the coho. While the timber industry thrives under laws providing for only minimal watercourse protection, commercial fishermen continue to be driven out of work. In late 1993, the National Marine Fisheries Service (NMFS), the federal agency that has jurisdiction over "anadromous" fish species (species that migrate from the sea to spawn in coastal streams), finally accepted a petition to list the coho under the Endangered Species Act. When their required "status review" continued for almost a year beyond the legal deadline, EPIC with dozens of other groups sued NMFS, seeking to immediately list all three coho populations, called "Evolutionarily Significant Units," or "ESUs," south of the Columbia River. Although we won the case, NMFS' top officials only listed one ESU, covering coastal streams from the Mattole River south to Santa Cruz. Alleging scientific disagreement about the need for listing, NMFS elected to delay listing populations to the north for six months, and has failed to issue promised guidelines for protection of the central California population.

After this series of unjustified delays, the Clinton administration finally listed the northern California/southern Oregon population of coho salmon as "threatened" under the federal Endangered Species Act on April 25, 1997.

Wishing to soften the economic impact of the impending listing of the coho salmon the California Resources Agency convened a "Coastal Salmon Initiative" in January 1996. This "CSI process" involved "stakeholders" from a wide range of interestsenvironmentalists, industry representatives, fishermen and restoration advocatesand aimed to develop a recovery program that would meet ESA requirements in the event of a coho listing.

Although some progress was made in convening a competent scientific panel and outlining a basic recovery program, the Resources Agency predictably favored the interests of large landowners over all others. As one court-ordered deadline drew near, a set of pseudo-scientific "data" disputing the need for listing was prepared by the California Forestry Association, the state's most prominent timber lobby group. Resources Secretary Doug Wheeler then presented this bogus science verbatim to NMFS as the state's official position on the issue, allowing NMFS to justify further delay.

This act of shameless collaboration spelled the end of the CSI process; the fishermen and environmentalists walked out, leaving standards for protection of coho up to NMFS. However, NMFS has refused to offer protection or recovery measures, deferring to state agencies such as the California Department of Forestry (CDF) and the Water Quality Control Board that have allowed the coho's decline in the first place. While NMFS waffled and stalled, bulldozers plowed through river channels, streamside canopy crashed to the ground, and road systems dumped tons of sediment into rivers and creeks.

The long-awaited decision to list the Transboundary ESU on April 25 failed to list the coho salmon in central Oregon. Despite the listing in California, NMFS and Governor Wilson are desperately trying to negotiate an agreement that is unlikely to protect and recover coho populations. Based on EPIC's experience defending threatened species, we believe that the federal listing under the ESA does not guarantee protection for the species. Despite the prohibitions against "taking" of the coho, NMFS's protection standards for the coho will probably be minimal. Advocacy and watch-dog groups like EPIC will once again need to use the courts and the legislature to push the agencies to adopt meaningful protections as mandated under the ESA so that the coho along with other threatened specieswill not slip into oblivion.