2007 Nez Perce Tribal Steelhead Fishery Proposal A Harvest Recovery Strategy Presented by Joseph Oatman NPT Harvest Biologist FISH 510 -- Advanced Fish Management Nez Perce Treaty of 1855 The exclusive right of taking fish in all the streams where 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 (12 Stats., 957 Article 3). Treaty of 1855. Value of Salmon & Steelhead Cultural (Way of Life) Spiritual Treaty Rights Community Sustainable runs Health Ecosystem balance Tribal economy
Basics of Treaty Fishing Rights Access fishing sites on private land Fair share (1969 Belloni Decision) ) means right to harvest up to 50% that would return to the Tribes usual and accustomed fishing places (1974 Boldt Decision) Co-Management responsibility to regulate and enforce fisheries Tribal fisheries can only be regulated if necessary for conservation purposes United States v. Oregon addresses Treaty fishing rights U.S. v. Oregon Parties are to exercise their sovereign powers in a coordinated and systematic manner in order to protect, rebuild, and enhance upper Columbia River fish runs while providing harvests for both treaty Indian and non-indian fisheries Tribal Harvest Allocation 50% hatchery harvestable and greater proportion of wild impacts because of treaty fishing rights The Parties are considering how Columbia and Snake river fisheries will work together Federal Posture Tribes already make a significant contribution towards recovery by limiting their own harvest. We need to make sure everyone else limits their harvest. But NOAA Fisheries may look to further reduce Indian and Non-Indian take if it is required
Tributary Management Assist in management of fishing seasons Write fishery management plans Implement harvest monitoring Work with co-managers on fishery expectations and management intents (fish allocation, locations, season length, and gear types) Snake River Steelhead Distributed throughout Snake River drainage Tucannon River, Grande Ronde River, Imnaha River, Clearwater River, mainstem Salmon River & tributaries Considered A-run and B-run fish (B-run return to Clearwater, Middle Fork and South Fork Salmon rivers) Distinguished by life history characteristics (migration timing, ocean age, and adult length) Steelhead Production Hatcheries are for mitigation of dams and provide fish for tribal and sport fishing opportunities (approximately 3,235,000 eggs and 15,948,700 smolts annually) Few wild fish restoration activities
Snake River ESU Steelhead listed in 1997 Reason: : Combination of severe declines in natural run size, lack of run-size information for individual populations, extensive habitat degradation, and effects of hatchery production activities on the population Treaty harvest not considered a major factor in decline 120,000 100,000 80,000 60,000 40,000 20,000 0 1962 1965 1968 Wild Adults at LGD 1971 1974 1977 1980 1983 1986 1989 1992 Year 1995 1998 2001 2004 Harvest Management No agreed to escapement objective for purpose of managing harvest Manage harvest schedules consistent with the conservation needs of the fish Idaho sport fisheries allowed a 3.2% maximum incidental impact rate on natural origin steelhead returning to Idaho Stack Approach to define Tribal impact rate Step 1: tribal 4.8% impact rate + state 3.2% impact rate = 8.0% overall impact to natural origin fish, Step 2: 4.8%/8.0% = 60% of total impact rate 2006 Run Patterns of Snake River Fish 6,000 Fish Abundan 5,000 4,000 3,000 2,000 1,000 0 18-Aug 25-Aug 1-Sep 8-Sep 15-Sep 22-Sep 29-Sep 6-Oct 13-Oct 20-Oct 27-Oct 3-Nov 10-Nov 17-Nov 24-Nov 1-Dec 8-Dec 15-Dec Fall Chinook (8,000) Steelhead (110,000) Wild Steelhead (27,000) Date
2006-07 07 Tribal Steelhead Plan Objective Achieve hatchery allocation and keep wild impacts within tribal take limit Management Unit = Aggregate wild and hatchery steelhead run components ESA Tribal 4(d) Rule Doesn't separate direct take or incidental take (neither is prohibited if a TRMP is in place) Provides for long-term coverage & flexibility TRMP Process 4(d) Tribal Plan NOAA Analysis (Impact on biological requirements and survival/recovery) Pending Determination Public Comment (not less than 30 days) Consult w/ Tribe (letter & talks) NOAA encourages public input on gillnets Final Determination Fishery Exempt from Take Prohibitions Details of the Plan Hatchery Steelhead Wild Steelhead Hatchery Fall Chinook Wild Fall Chinook Abundance at Lower Granite 108,491 28,270 6,014 2,005 Idaho Fish 94,821 24,736 -- -- Take 47,411 1,187 301 60 Fishery regulations will include the season type (C&S, Commercial) distinctions, fishery boundaries, allowable take of listed and unlisted fish, and gear or fishing method
Fishery Management Tools Tribal harvest goals Season structure (Area and Time) Gear type (e.g. lethal and non-lethal) Trigger points to restrict gear types Inseason monitoring & enforcement Inseason fishery adjustments 2006-07 07 Steelhead Fishery Area Commercial Gillnet Season Tribe is entitled to a large share of hatchery steelhead and can use traditional or modern fishing gear or techniques Developed a gillnet permit system: permit, season notice, regulatory structure document, and gillnet sampling plan 2 layers of monitoring: Inseason mandatory reporting of catch by permit fishers & weekly sampling by fishery monitors
Impacts to Steelhead Population 1970s to present the Tribe fished primarily on Dworshak hatchery returns due to basin-wide steelhead decline Impacts covered in 2005-07 07 Interim Agreement Our fishery results in annual catch of ~1,500 hatchery and <100 wild fish For years 2001-05 05 the Tribe could have targeted nearly 69,000 hatchery and 1,500 wild fish annually A key concern will be the effects of proposed harvest on wild fish TRT Natural Spawner Values Basic = 500 Intermediate = 1,000 Large = 1,500 Very Large = 2,250 25 Σ = 27,750 Analysis of Wild Steelhead Impacts Tribal impacts on wild fish relative to aggregate spawning threshold of 27,750 natural-origin steelhead: After a 1,187 natural fish harvest, the natural spawning run will be at 95% of the ICTRT natural spawning thresholds
Conflict Over Resource Use Fair Share Culture Disputes Public Perception Terry Holubetz,, retired IDFG fisheries biologist (LT): when combined with the hydropower system the nets take too many wild fish and too few reach their native spawning grounds MJL (westfly.com bulletin board): Killing 1,360 wild steelhead is an impact as far as I'm concerned. It may not be 'statistically significant' according to some analysis, but the bottom line is that those fish should be spawning somewhere, not tangled in a gill net. Inland (westfly.com): If this proves to be some muscle to force the Feds to start doing something (and get some sense built into the wolf management plan)...all for it. If it's just a 'cause I can' then not too happy. Steelheadcase (westfly.com): If the tribe wants 1,300 steelhead, open up the trap at Dworshak hatchery and give them 1,300. That way they're not further endangering wild runs.. You don't gill net for spiritual purposes. You do it for money, period. Public Perception MJC (Speypages): Tribal fishing is not going to go away. Look for ways to get on the same page. there is a great deal of common ground between what the tribe wants and what a great majority of fly fishermen want. Rainforestspey (Speypages): People love to bash natives, but they're not the problem really. Speyducer (Speypages): Why not give control of some of the hatcheries to the native Americans There may be no requirement for netting the river at all. Gillie (Speypages): Not ceremonial or traditional when they arrive at the river in a SUV and are using modern products to gill net the fish.. If they want to ride in on horseback and hand weave their own nets out of hemp they grew I'm all for it. KerryS (Speypages): It has nothing to do with respect for nature and resources. They were not that sophisticated. Speyhead (Speypages): In some ways I am encouraged by what the Nez Perce are doing, in others I'm frightened by the thoughts of wild fish in net's
Issues Raised ESA consultation process Impacts to wild fish & fishing non- selectively Social impact of gillnet fishery on non- Indian sportsmen and businesses that benefit from fishing Tribe viewed generally as a poor resource user and fishery manager Braggin' rights on Clearwater..even though they lost nine fish, the four of them brought 24 steelhead to the boat, including 12 wild ones - a fisherman's dream day (Spokesman Review 1/19/07). Run Component What do we know of Wild Impacts in ID Waters? Run Year 2002-2003 2003-2004 2004-2005 Average Hatchery STHD Bound for Idaho (87.4%) 156,301 125,270 112,382 131,318 Hatchery STHD Caught in Idaho Sport Fishery 82,992 62,719 64,857 70,189 Hatchery Harvest Rate 53% 50% 58% 54% Wild Steelhead Bound for Idaho (87.5%) 37,713 25,513 20,170 27,799 Wild STHD Caught/Released 24,211 20,206 15,797 20,071 Percent Wild STHD Caught/Released 64% 79.2% 78.3% 74% Est. Wild handling mortality (5%) 1,384 1,012 791 1,062 Percent Wild STHD "Take" 3.67% 3.97% 3.92% 3.85%
Impacts to Idaho Bound Wild Steelhead 2,000 1,800 1,600 1,400 1,200 State Actual Tribal 4.8% HR Take 1,000 800 600 400 200 State 3.2% HR Tribal Actual 0 2002-2003 2003-2004 2004-2005 Run Year Shared Problem Steelhead are still listed All fisheries have experienced declines in harvest levels over the past few decades No recovery plan in place to get to healthy, self-sustaining sustaining wild runs Improve SR adult return estimates (currently limited to adult counts at Lower Granite Dam) Need to agree to hatchery & wild escapement goals & management units to harvest responsibly Relative Human Impacts & Recovery SR Steelhead Aggregate 1.00 0.80 Why a High Focus on Treaty Harvest? Focus on Treaty Harvest Relative Impact 0.60 0.40 0.20 0.00-0.20-0.40 FCRPS HYDRO MID-C HYDRO TRIBAL HARVEST NON- TRIBAL HARVEST TRIB HABITAT ESTUARY HABITAT HATCHERY MIXED High Estimate Low Estimate
Aggressive hydro actions Hydro Use appropriate local brood source & better run accounting Coordinate tribal-state harvest Hatchery Tribal Strategy Harvest Habitat Habitat improvement actions Benefits of Tribal Harvest Management Good Stewards of resource Capacity to document treaty catch Manage & enforce our fishery regulations Contribute to conservation & recovery Treaty rights require mitigation for Lower Snake dams that support sustainable fisheries Address complaints/rumors favorably Concluding Thoughts Identification of treaty harvest is a necessary part of salmon and steelhead recovery Coordinate w/ states, NOAA Fisheries, on 2007-08 08 season & fishery framework Conflicts over resource use and availability as well as pressures to change Tribal fishing practices continue