Kootenai Tribe of Idaho

Kootenai Tribe of Idaho Implementation of Conservation Aquaculture Restoration of Kootenai River White Sturgeon and Burbot William Barquin Attorney General, Kootenai Tribe of Idaho

Kootenai Tribe of Idaho Kootenai elders have passed down the history of creation and the beginning of time, much of it uniquely Kootenai and so sacred that it cannot be shared with outsiders. It can be told, however, that the Kootenai people were created by Quilxka Nupika, the supreme being, and placed on earth to keep the Creator- Spirit s Covenant.

The Covenant says: I have created you Kootenai people to look after this beautiful land, to honor and guard and celebrate my creation here in this place. As long as you do that, this land will meet all your needs. Everything necessary for you and your children to live and be happy forever is here, as long as you keep this Covenant with me.

Kootenai River Subbasin Ktunaxa Nation Territory 9 million acres (19,420 square miles) 485 miles long 2 Countries 2 States, 1 Province Endangered Species Hydropower Resource based economy

Kootenai River watershed Prior to European settlement the Kootenai River watershed, with its riparian forest and wetland complexes, was one of the most productive in the Pacific Northwest

Kootenai River Meander Reach 1857 James Madison Alden (1857) watercolor

TREATIES WITH INDIAN TRIBES UNITED STATES CONSTITUTION, Art. VI [A]ll Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land.

Indian Commerce Clause UNITED STATES CONSTITUTION, Art. I, Sec. 8, cl. 3 The Congress shall have Power To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

TREATY OF HELLGATE, Art. III The exclusive right of taking fish in all the streams running through or bordering said reservation is further secured to said Indians; as also the right of taking fish at all usual and accustomed places, in common with citizens of the Territory, and of erecting temporary buildings for curing; together with the privilege of hunting, gathering roots and berries, and pasturing their horses and cattle upon open and unclaimed land.

Decline of Native Fish & Wildlife Kootenai River White Sturgeon ENDANGERED Bull Trout THREATENED Grizzly Bear THREATENED Burbot PETITIONED Canada Lynx THREATENED West Slope Cutthroat PETITIONED South Arm Kokanee FUNCTIONALLY EXTINCT Woodland Caribou ENDANGERED

The Kootenai Tribe s Approach Science-based Consistent With Tribal cultural values Holistic Inclusive of social and economic values Collaborative Adaptively managed

The Kootenai Tribe envisions a healthy ecosystem comprised of clean, connected terrestrial and aquatic habitats, which fully support Traditional tribal uses and other important societal uses. A healthy ecosystem reflects and promotes the cultural value and long-term sustainability of present and future generations. This will be accomplished through effective management of Tribal natural resources water, fish, wildlife and cultural resources for the benefit of Tribal people and society as a whole.

Kootenai Tribe Fish and Wildlife Department Native Fish Conservation Programs (restoringthekootenai.org) Address Tribal restoration objectives Restore lost subsistence resources Treaty and Trust obligations of Federal government Address USFWS Kootenai River White Sturgeon Biological Opinion RPAs Address USFWS Kootenai Sturgeon Recovery Plan objectives (Endangered Species Act), and KVRI Initiatives (Burbot Conservation Strategy MOU and Wetland & Riparian Conservation Strategy) Consistent with NPCC Fish and Wildlife Program (Northwest Power Act) - Address Kootenai Subbasin Plan Objectives

Kootenai River White Sturgeon Separated from Columbia River population 10,000 years ago Vital to the Kootenai Tribe Adapted to specific local headwater conditions Virtually no natural recruitment for last 50 years Listed as Endangered in 1994

Population (x 1,000) 10 8 6 4 2 Sample (%) 35 1977-1983 30 25 20 15 10 5 0 1997-2001 10 50 90 130 170 210 250 Fork Length (cm) 0 1977 1980 1983 1986 1989 1992 1995 1998 2001 IDFG Documents Population Decline (Adapted from Paragamian et al 2001)

Select Laws Governing the Restoration Effort Covenant, Treaty and Indian Commerce Clause Endangered Species Act, 16 U.S.C. 1531 et seq. Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. 839-839h Species at Risk Act (S.C. 2002, c. 29) Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (Part of the United Nations Environment Programme)

Biological Opinion & Settlement Agreement USFWS Biological Opinions for Kootenai River white sturgeon and bull trout (aka Libby Dam BiOp) in 1995, new opinions in 2000 and 2006 Center for Biological Diversity (CBD) sued in 2003 and amended complaint in 2006 to challenge the new BiOp 2008 Settlement Agreement led to clarification to RPA and dismissal of CBD suit (Center for Biological Diversity v. U.S. Fish and Wildlife Serv., No. CV 03-29 (D. Mont., Sept. 11, 2008)) Clarified BiOp RPA included commitment to cooperate in good faith with and support the Tribe s good faith efforts to implement the Kootenai River Habitat Restoration Program Master Plan. The BioP also included provisions requiring conservation aquaculture to stave off extinction.

Restoration initiatives HISTORICAL ECOSYSTEM CHANGES Beaver trapping Conversion of floodplain Diking Logging Mining Infrastructure development Non-native species Commercial harvest Libby Dam RESTORATION INITIATIVES Sturgeon and Burbot conservation aquaculture Kootenai River habitat restoration program Nutrient restoration & biomonitoring Wetlands & riparian conservation strategy Critical uncertainties research Operational loss assessment Wildlife mitigation

Restoration approach Science-based Consistent With Tribal cultural values Holistic Inclusive of social and economic values Collaborative Adaptively managed

1988 Kootenai Tribe proposes experimental hatchery Water quality and gamete viability questions

Conservation aquaculture 1988 1996 1988: Tribe proposes sturgeon studies and experimental aquaculture program 1989: Experimental aquaculture facility construction begins 1990: First Kootenai sturgeon spawned 1991: First successful production 1992: First hatchery release into the wild 1993: Breeding plan developed 1994: Kootenai sturgeon ESA listed 1996: USFWS Recovery Plan conservation aquaculture listed as a priority action

Conservation Aquaculture Objectives Prevent extinction Preserve genetics Restore healthy age-class structure while measures are implemented to restore habitat conditions for successful natural recruitment

Conservation aquaculture 1998 2005 1998: Funding for facility upgrade approved 1999: BC hatchery program failsafe 2000: Large-scale releases begin 2002: High survival rates documented 2003: Population demographics study USFWS Recovery Team discusses need to increase production and address demographic issues 2003: Hatchery program goals revised to begin releasing more fish at smaller sizes 2005: Population estimate ~ 500 fish

Conservation aquaculture 2006 2014 Revised population estimate 1,000 wild adult fish but still no natural recruitment Revised and adjusted stocking goals and brood stock numbers based on population demographics Low survival of sturgeon released at small size Increase number of families and expand rearing capacity (genetic management) Implement critical upgrades to existing facility and construct new facility Use Northwest Power and Conservation Council hatchery step planning process and science review to guide implementation

Conservation Aquaculture - Sturgeon Over 340 wild white sturgeon adults spawned Over 242,000 juvenile sturgeon released Current hatchery-reared juvenile abundance estimate = 12,000 15,000 (IDFG, Dinsmore et al. 2015; KTOI, Cramer Fish Sciences 2014)

Population Trend Adult sturgeon (1,000's) 4 3 2 1 Wild Hatchery 500-1,000 0 1980 1990 2000 2010 2020 2030 2040 2050 2060

Kootenai River Burbot Freshwater Cod Circumpolar in distribution Spawn in winter under ice in spawning balls Severe population decline <50 fish estimated in Lower Kootenai by late 1990 s Community based conservation strategy developed in 2005 MOU signed by 16 entities Photo by Ernest Keeley

Kootenai Burbot Accomplishments 2001-2014 Developed multilateral conservation strategy in lieu of ESA listing Developed successful burbot aquaculture techniques (U of Idaho) Completed pilot study to evaluate movement and habitat use Conducted successful experimental releases 2009-2014

Program Goals Burbot Short-term Goals: Hatchery-reared burbot from a donor stock adapt to Kootenai River / Lake Scale aquaculture production to allow population abundance and structure re-building Long-term Goals: Restore a viable and self- sustaining burbot population in the Lower Kootenai River Restore a fishery

Sturgeon and Burbot Aquaculture Facility Address Libby Dam BiOp RPA Component 4 for sturgeon Development of additional upstream facility to increase brood stock holding, egg incubation and juvenile rearing Implement the Tribe s burbot aquaculture program per the Burbot Conservation Strategy MOU

Twin Rivers Hatchery Site

2015 - First year of production exceeded expectations

Annual Coordination Meetings & Program Reviews Sturgeon Annual Program Review Burbot Annual Program Review USFWS Kootenai White Sturgeon Recovery Team Meetings International Kootenai Ecosystem Restoration Team (IKERT) Kootenai River Habitat Restoration Team Meetings Sturgeon Flow Implementation Technical Team Kootenai Valley Resource Initiative Meetings

Sturgeon and Burbot Program Review Example Agenda Topics M&E Review Spawning logistics and protocols Tagging and logistics Release strategies and locations Review and confirm production targets Review proposed research Document actions and agreements

M&E and Adaptive Management All Tribal projects include targeted monitoring, evaluation and adaptive management (in coordination with IDFG, MFWP, BC MFLNRO, US ACE, USFWS and others) Results are used to document the effectiveness of project specific and subbasin scale objectives, and to guide and refine future program implementation Monitoring Corrective action Evaluation Does not meet objectives Meets objectives

Idaho AFS AQ Continuing Ed AQ Award /Excellence in

The Covenant says: I have created you Kootenai people to look after this beautiful land, to honor and guard and celebrate my creation here in this place. As long as you do that, this land will meet all your needs. Everything necessary for you and your children to live and be happy forever is here, as long as you keep this Covenant with me.

THANK YOU William Barquin Kootenai Tribe Legal Department Portland Office 1000 SW Broadway, Ste. 1060 Portland, OR 97205 (503) 719-4496 wbarquin@kootenai.org http://www.kootenai.org http://www.restoringthekootenai.org