Project Proposal FY 2007 Funding (Funding available through December 31, 2009)

Project Proposal FY 2007 Funding (Funding available through December 31, 2009) Project Name: Clearwater River Coho Salmon Production Project V PCSRF Fiscal Year: Fiscal Year 2008, October 1, 2007 thru December 31, 2009. PCSRF Objective: C. Salmon Enhancement Projects The primary objective is to re-establish a Clearwater Coho stock (previously extirpated by Lewiston Dam in 1927) by rearing and releasing Coho salmon smolts within the Clearwater subbasin. Supplementation using 280,000 smolts reared at Dworshak and released from Kooskia NFH, and direct release of 550,000 smolts imported from Eagle Creek NFH as the donor stock, half each in Lapwai Creek and Clear Creeks. In addition, broodstock recovery of Clearwater returning adults resulting from prior smolt releases either Eagle Creek stock or new Clearwater stock. The project is also working to document natural spawning in tributary streams; e.g., Lapwai Creek, Clear Creek, Potlatch River, Tucannon River. Project Proposed Start Date: The proposed start date for this project is October 1, 2007. Project Proposed End Date: Completion date for this contract is December 31, 2009. Project Description: The focus of the project is to reintroduce and restore a Clearwater Coho salmon population to levels of abundance and productivity sufficient to support a sustainable run capable of annual harvest in the Clearwater subbasin. Coho were extirpated in the Snake River basin by 1984; in the Clearwater as early as 1927 when Lewiston Dam was constructed (now removed). Clearwater Coho restoration began in 1995 with the release of 630,000 parr into five streams. Restoration has continued through 2006 with release of eggs, parr and smolts. Smolt releases range from 830,000 to 1.1 million annually through cooperative production supported by Tribal, State and Federal managers under U.S. v. Oregon. Adult returns began at Lower Granite Dam 1997. In 2004, adult Coho returns hit a high of 3,904 documented over Lower Granite Dam. Benefits to Target Salmon Species: Restore adult returns in the Clearwater River to support natural production as well as tribal and non-tribal harvest. We believe a population of 5,000 to 15,000 adults can meet the production and harvest goals; the long-term goal is 14,000 as identified in Wy-Kan-Ush-Mi- Wa-Kish-Wit (CRITFC 1996). In addition, this project will expand the range of Coho in the Columbia River Basin and into the Snake River tributaries. Natural production of Coho salmon has been documented in the Tucannon River (tributary to the Snake River) as a result of the Clearwater River releases. Project Objectives: Summary of the projects goals, objectives and key results Objective 1: Produce Coho salmon for releases in the Clearwater River subbasin. Task 1.1: Complete rearing of Coho salmon juveniles from broodyear 2006. 1

Activity 1.1.1: Provide personnel and materials to rear 280,000 Coho salmon at Dworshak National Fish Hatchery. Transport the fish to Kooskia National Fish Hatchery and acclimate for a four to six week period during the spring of 2008. Release the Coho as smolts into Clear Creek in April/May 2008. Activity 1.1.2: Transport 550,000 Coho smolts from Eagle Creek National Fish Hatchery and release into the Clearwater River subbasin in March 2008. Task 1.2: Trap and rear Coho salmon from broodyear 2007. Activity 1.2.1: Trap and transport Clearwater returning adult Coho salmon from weirs and trap sites to adult holding ponds at Dworshak National Fish Hatchery in fall 2007. Activity 1.2.2.: Provide personnel and materials to sort and spawn adult Coho salmon at Dworshak National Fish Hatchery in fall 2007. Incubate eggs collected at Dworshak National Fish Hatchery for the Kooskia NFH (Clear Creek) smolt releases. Activity 1.2.3: Provide personnel and materials to rear 280,000 Coho salmon smolts at Dworshak National Fish Hatchery. Transport the fish to Kooskia National Fish Hatchery for a four to six week acclimation period during the spring of 2009 and release the Coho smolts into Clear Creek. Objective 2: Effectively communicate program approach and findings to resource managers. This activity is divided into three specific areas involving: 1) interagency coordination with on-going production issues, 2) coordination with regards to Endangered Species Act issues, and 3) coordination with regards to funding processes. Task 2.1: Coordinate supplementation planning. Activity 2.1.1: Coordinate with the following agencies: Northwest Power and Conservation Council, Bonneville Power Administration, Bureau of Indian Affairs, National Oceanic and Atmospheric Administration s Fisheries, US Fish and Wildlife Service, US Forest Service, Idaho Department of Fish and Game, Washington Department of Fish and Wildlife, Oregon Department of Fish and Wildlife, Columbia River Inter-Tribal Fish Commission, and private entities, through one or more of the following forums: technical work groups, hatchery production management meetings, the NPPC hatchery review committees, intergovernmental agreements, US v Oregon Production Advisory Committee (PAC) or Technical Advisory Committee (TAC), other technical and policy meetings, and progress reports. Task 2.2: Consult with National Oceanic and Atmospheric Administration s Fisheries on ESA compliance of the project. Activity 2.2.1: Update a Hatchery Genetic Management Plan and submit to National Oceanic and Atmospheric Administration s Fisheries for Section 7 consultation for the Coho program. 2

Activity 2.2.2: Coordinate with National Oceanic and Atmospheric Administration s Fisheries on the development of the Biological Opinion regarding the Coho program. Task 2.3: Communication of results. Activity 2.3.1: Develop summary reports. Activity 2.3.2: Develop semi-annual and annual reports. Task 2.4: Communicate Results Activity 2.4.1: Develop monthly summary reports. Activity 2.2.2: Develop semi-annual and annual reports. Project Summary: Significance to Tribal Salmon Recovery Plans WY-KAN-USH-MI WA-KISH-WIT: THE COLUMBIA RIVER ANADROMOUS FISH RESTORATION PLAN OF THE NEZ PERCE TRIBE, UMATILLA, WARM SPRINGS AND YAKAMA TRIBES This Tribal Restoration Plan (CRITFC 1995) focuses on restoring salmon runs to the rivers and streams of the Columbia River system and embodies the tribal management philosophy of gravel-to-gravel management. This approach differs from many of the existing state and federal plans that are focused more on providing fish for sport and commercial harvest and returning fish to concrete hatcheries. The plan recognizes the need to ensure that salmon throughout the life cycle from the freshwater to the ocean are protected, managed or restored. A key element in the restoration is the use of hatchery technology to supplement the natural runs rather than supplant the natural runs. Supplementation as defined in the Tribal Restoration Plan is the act of releasing young, artificially propagated fish into natural spawning and rearing habitat. As adults, these fish will return to spawn naturally in the stream where they were released rather than returning to the propagation facility. Wy-Kan-Ush-Mi Wa-Kush-Wit: Volume I: 5B 14-22; Volume II: 2-118-127. Implement supplementation projects that have met the screening criteria of RASP (1992) and Cuenco et al. (1993), establish additional programs for each of the subbasin tributary systems to monitor adult escapement and resulting smolt production, and to evaluate (by measuring the number of adults returning) the ability of managers to meet goals set by the Columbia River Management Plan. The Nez Perce Tribe Coho Salmon Reintroduction Project as described in the Nez Perce Tribe s Coho salmon Management Plan for the Clearwater River is consistent with basin-wide Columbia River restoration plans found in WY-KAN-USH-MI WA-KISH-WIT, The Spirit of the Salmon (CRITFC 1995) and U.S. v. Oregon. The proposed Coho production within Lapwai Creek and Lolo Creek complements and has a strong tie with stream/watershed restoration being performed by the DFRM Watershed Division. Lapwai Creek stream/watershed restoration has been on-going since 2001 through a BPA grant, two NOAA Community Restoration grants and a grant from the State of Idaho PCSRF. Recent examples include a 40 acre riparian zone on mainstem Lapwai Creek excluded from Horse grazing (2005) and over 8,000 3

native trees and shrubs planted this past Spring of 2007. A fish passage project on Sweetwater Creek has just been competed in August 2007 (major tributary to Lapwai Creek), opening up over 5 miles of fish habitat. The Nez Perce Tribe and the Nez Perce Water and Soil Conservation District are in the final stages of completing a comprehensive assessment and restoration plan for Lapwai Creek that will guide high priority projects in high priority areas for the next 10 years. Fish distribution and abundance surveys in Lapwai Creek completed from 2003-2006 have shown Coho in mainstem Lapwai Creek and tributaries Sweetwater, Webb, and Mission Creeks. In addition, on September 4th, 2007 a 50 meter stream restoration project on Spring Creek (tributary to Lapwai Creek) required a fish capture and relocation where 54 subyearling Coho were found. An aggressive stream/watershed restoration effort has been on-going in Lolo Creek since 1999 and will continue into the future. Since 1999 numerous projects have been completed to include road decommissioning, culvert replacements, planting, fencing, off-site watering, bioengineeing, and monitoring and evaluation through funding and partnerships with the BPA, Idaho PCSRF, Potlatch Corporation and the US Forest Service. Monitoring and Evaluation Plan: The Nez Perce Tribe s overall goal for Coho salmon in the Clearwater subbasin is to reintroduce and restore Coho to abundance levels and productivity sufficient to support sustainable runs and an annual harvest. Accompanying that goal are related objectives that detail a level of annual escapement and state the need to maintain genetic attributes and life history characteristics of naturally spawning Coho salmon that support: Protection, mitigation, and enhancement of Columbia River Basin anadromous fish resources; Maintaining ecological and genetic impacts to non-target populations within acceptable limits; and Provide long-term harvest opportunities for tribal and non-tribal anglers. The objectives, tasks, and activities of the Clearwater River Coho Salmon Monitoring and Evaluation Program have been formulated to insure that operations can be adaptively managed to optimize hatchery and natural production, sustain harvest, and minimize ecological impacts. Those objectives and tasks are specifically addressed in the Nez Perce Tribe s Clearwater Basin Coho Salmon Master Plan (NPT and Fish Pro 2004). However, under current funding these objectives cannot be pursued. Data will be collected from adult counts at mainstem dams and hatchery ladder returns. Other monitoring data will be gathered opportunistically and in conjunction with other on-going projects within the research area, such as fall Chinook redd surveys. ESA, NEPA and other Regulatory Compliance Plan if appropriate: Activities under the NPT Clearwater Coho Restoration (CCR) program have been reviewed for ESA compliance. In 1995 and 1998, the Nez Perce Tribe requested consultation with NOAA Fisheries on Coho release strategies. In 1995, NOAA Fisheries determined that the proposed actions would have no more than a negligible affect on listed salmon (Stelle 1995). In 1998, NOAA Fisheries determined that the CCR program did not jeopardize the continued existence of Snake and Columbia River salmon (NMFS 1998). An HGMP 4

document is being prepared for inclusion in the NOAA Biological Opinion for hatchery fish production and releases in the Snake River basin. Project Products: Coordination of the Nez Perce Tribe s Clearwater River Coho Salmon Production Project V activities is a continual process within the Nez Perce Tribe and with co-managers in the Columbia River basin. Summary reports will be developed and distributed to fisheries co-managers in the Clearwater River subbasin and interested parties. We will coordinate production and research activities between IDFG, USFWS that plan the production management and out-planting of DNFH and KNFH and research within the Clearwater River subbasin. The Nez Perce Tribe will provide data summaries of fish population status and select environmental and habitat conditions (adult escapement, juvenile density, stream temperature) to StreamNet on an annual basis. The Nez Perce Tribe database will be structured to be compatible with StreamNet. All PIT tag files will be validated and electronically submitted to the Pacific States Marine Fisheries Commission. PTAGIS will be used to organize tagging and interrogation data from fish marked with PIT tags. Interrogation summary reports will be downloaded and utilized in Nez Perce Tribe data analysis. We will provide fish marking summaries and coded wire tag information to the Columbia River Intertribal Fish Commission staff for incorporation into the coded wire tag database. Two semi-annual reports are provided each year; April and November these are on file with CRITFC; example of the most recent; Everett, S. R. 2005. Clearwater River Coho Salmon Production Project III. Pacific Coastal Salmon Recovery Fund. Project Number 2005-1-01. (April) Annual Report. P.O. Box 365, Lapwai, ID.83540 Everett, S. R. 2005. Clearwater River Coho Salmon Production Project III. Pacific Coastal Salmon Recovery Fund. Project Number 2005-1-02. (November ) Semi-Annual Report. P.O. Box 365, Lapwai, ID.83540. Everett, S. R. 2006. Coho Salmon Production Project III. Pacific Coastal Salmon Recovery Fund. (April) Annual Report. Project Number 2005-1-02. Salmon Research, Monitoring and Evaluation. P.O. Box 365, Lapwai, ID 83540. Everett, S. R. 2006. Coho Salmon Production Project III. Pacific Coastal Salmon Recovery Fund. (November) Semi- Annual Report. Project Number 2005-1-02. Salmon Research, Monitoring and Evaluation. P.O. Box 365, Lapwai, ID 83540. Project Manager: Name: David B. Johnson, Program Manager, Dept. Fisheries Resources Management, Nez Perce Tribe. Address: P.O. Box 365, 104 Lolo Street, Lapwai, Idaho 83540 Phone: (208) 843-7320. xt. 2441 Cell phone e-mail: davej@nezperce.org 5

Key Project Staff: Name: R. Ed Larson, Project Leader, DFRM, NPT Address: P.O. Box 3 65, 106 Lolo Street, Lapwai, Idaho 83540 Phone: (208) 843-7320. xt. 2440 Cell phone: (208) 791-8418 e-mail: edl@nezperce.org PCSRF Funding Amount and Budget Details: The amount of PCSRF Federal funds requested to be expended on this project. List the dollar amounts requested for each category and the total in the following table. Category PCSRF Amount Salary 95,056 Fringe 32,012 Travel 2,174 Supplies 30,824 Communications/Utilities 1,560 Training 0 Lease/Rental GSA Vehicle 9,120 Equipment Operation & Maintenance 4,780 Subcontracts 17,000 Capitalized Equipment 0 Professional Services 0 Other 0 Indirect costs (22.95% proposed) 40,284 Total Budget Amount 232,815 Partners and Cost Share: List project partners and cost share totals. Cost share, in-kind and contract payments have been established and are updated annually with comanagers. A Memorandum of Agreement is established with the U.S. Fish and Wildlife Service (USFWS) for Coho salmon production at fish hatchery facilities. The USFWS operates a fish ladder on the North Fork of the Clearwater River at DNFH and an adult weir and ladder at KNFH to trap adult Coho salmon. The Nez Perce Tribe is allotted specific incubation, early rearing, and final rearing space at Eagle Creek, DNFH and KNFH for Coho salmon production. The USFWS provides fish health monitoring for the program. Agency Service Estimated Dollar Amount USFWS- Eagle Creek NFH Fish Production $75,000 USFWS- Dworshak & Kooskia NFH s Fish Production $15,000 USFWS- Dworshak Fish Health Fish Health Monitoring $4,500 Washington Dept. Fish and Wildlife Brood Stock Trapping $2,500 6

Geographic Area Name/Watershed: This is the name of the watershed or general geographic area (choose one). Clearwater Lower Snake Idaho Project Worksite Locations (For EACH worksite location provide the following geospatial and targeted ESU information. Copy this section for each worksite in this project.) Worksite Name #1: Dworshak National Fish Hatchery HUC# 17060306 Worksite Name #2: Kooskia National Fish Hatchery HUC# 17063304 Clear Creek HUC# 1706030402 Worksite Name #3: Eagle Creek National Fish Hatchery HUC# 17090011 Eagle Creek HUC# 1709001105 Worksite Name #4: Lapwai Creek HUC# 1706030613 Worksite Name #5: Lolo Creek HUC# 1706030603 Targeted ESUs: (check all that apply to this worksite) It is the opinion of the Nez Perce Tribe that this Coho restoration project does not target the two ESA listed species checked below. There may be incidental affects; however, NOAA Fisheries determined that the CCR program did not jeopardize the continued existence of Snake and Columbia River salmon (NMFS 1998). Two ESA-listed species spawn in the Clearwater subbasin; fall Chinook naturally inhabit the lower Clearwater River below Dworshak NFH and both A-type and B-type steelhead are native to the Clearwater tributaries. Snake River Fall-run ESU (Chinook Salmon) Snake River Basin ESU (Steelhead) 7

C. SALMON ENHANCEMENT PROJECTS Projects that will enhance depressed stocks of naturally spawning anadromous salmonids through salmonid supplementation, reduction in fishing effort on depressed wild stocks; or enhancement of Pacific salmon fisheries on healthy stocks. For EACH worksite listed above, complete the applicable portions of the following metrics section: (copy this entire section for each worksite) Worksite 1: Dworshak National Fish Hatchery Incubation and rearing site for smolts; emphasis on creating a new Clearwater Coho stock to replace extirpated stocks. Secondary purposes are adult recovery at the ladder and broodstock holding for spawning. Check all the types of enhancement that apply: Supplementation (no metrics) Rebuilding Weak Stocks (Enhancement projects that rebuild weak stocks or sustain/enhance naturally spawning salmon populations. Enter counts, copy species/count lines as needed) Compensate for reductions in harvest levels set to meet Pacific Salmon Treaty obligations species Compensate for weak or depressed stocks species Marked as a result of marking enhancement Species: Coho smolts Natural spawning Redirecting fishing effort Releases compensate harvest reductions proposed count: 120,000 CWT Supplementing weak/depressed stocks Species: Coho_ proposed count: 280,000 8

Worksite 2: Kooskia National Fish Hatchery Acclimation and release site for Dworshak reared Coho smolts; establishes a weir site for adult recovery. Hatchery located on Clear Creek, M.F. Clearwater River. Direct release site for 275,000 smolts from Eagle Creek NFH; a donor stock for restoration for Clearwater Coho through supplementation. Check all the types of enhancement that apply: Supplementation (no metrics) Rebuilding Weak Stocks (Enhancement projects that rebuild weak stocks or sustain/enhance naturally spawning salmon populations. Enter counts, copy species/count lines as needed) Compensate for reductions in harvest levels set to meet Pacific Salmon Treaty obligations Compensate for weak or depressed stocks Marked as a result of marking enhancement Natural spawning Redirecting fishing effort Releases compensate harvest reductions Supplementing weak/depressed stocks Species: Coho (Dworshak) species: Coho smolts(eagle Cr. NFH) proposed count 280,000 proposed count 275,000 9

Worksite 3: Eagle Creek National Fish Hatchery donor stock for rearing of smolts prior to transport and release in Clearwater subbasin; half at Lapwai Creek and half at Clear Creek (Kooskia NFH). Check all the types of enhancement that apply: Supplementation (no metrics) Rebuilding Weak Stocks (Enhancement projects that rebuild weak stocks or sustain/enhance naturally spawning salmon populations. Enter counts, copy species/count lines as needed) Compensate for reductions in harvest levels set to meet Pacific Salmon Treaty obligations Compensate for weak or depressed stocks Marked as a result of marking enhancement Species: Coho smolts proposed count: 200,000 Natural spawning Redirecting fishing effort Releases compensate harvest reductions Supplementating weak/depressed stocks Species: Coho smolts proposed count: 550,000 10

Worksite 4: Lapwai Creek direct release of 275,000 smolts from Eagle Creek NFH as a donor stock for Clearwater Coho restoration through supplementation. Check all the types of enhancement that apply: Supplementation (no metrics) Rebuilding Weak Stocks (Enhancement projects that rebuild weak stocks or sustain/enhance naturally spawning salmon populations. Enter counts, copy species/count lines as needed) Compensate for reductions in harvest levels set to meet Pacific Salmon Treaty obligations Compensate for weak or depressed stocks Marked as a result of marking enhancement Natural spawning Redirecting fishing effort Releases compensate harvest reductions Supplementating weak/depressed stocks Species: Coho_ proposed count: 275,0000 11

Worksite 5: Lolo Creek Direct release of Coho parr surplus to Dworshak/Kooskia rearing and release program in the fall of the year; demonstrates supplementation using parr release; number released anticipated to vary from 10-80,000. Check all the types of enhancement that apply: Supplementation (no metrics) Rebuilding Weak Stocks (Enhancement projects that rebuild weak stocks or sustain/enhance naturally spawning salmon populations. Enter counts, copy species/count lines as needed) Compensate for reductions in harvest levels set to meet Pacific Salmon Treaty obligations Compensate for weak or depressed stocks Marked as a result of marking enhancement Natural spawning Redirecting fishing effort Releases compensate harvest reductions Supplementing weak/depressed stocks Species: Coho parr proposed count: 10-80,000 12

MEMORANDUM OF UNDERSTANDING As amended Between COLUMBIA RIVER INTER-TRIBAL FISH COMMISSION And NATIONAL MARINE FISHERIES SERVICE On the PACIFIC COASTAL SALMON RECOVERY FUND FOR COLUMBIA RIVER TRIBES INTRODUCTION This Memorandum of Understanding (MOU) is entered into by the National Marine Fisheries Service (NMFS), a federal agency within the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) and the Columbia River Inter-Tribal Fish Commission (CRITFC) on behalf of and at the direction of its member tribes. NMFS and CRITFC enter this MOU pursuant to authorities under the Endangered Species Act (16 U.S.C. 1531 et seq.) and pursuant to authorities and in furtherance of the programmatic goals and objectives of the Pacific Coastal Salmon Recovery Fund as authorized under 16 U.S.C. 3645 (d)(2), and consistent with Congressional intent, the federal-tribal trust relationship, and other relevant federal authority. This MOU provides the basis for the Commission to approve projects, and disburse PCSRF funds to tribal organizations, as authorized by Congress for the Columbia River Tribes in 16 U.S.C. 3645 (d) (2). The federal funds provided to CRITFC through the PCSRF will be distributed to eligible tribal salmon recovery activities and projects in the Columbia River basin. PARTIES The Columbia River tribes enter into this MOU through the Columbia River Inter-Tribal Fish Commission (CRITFC). The CRITFC was formed in 1977 by resolution of the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon and the Confederated Tribes and Bands of the Yakama Nation. CRITFC provides coordination and technical assistance to ensure that the resolution of outstanding treaty fishing rights issues guarantees the continuation and restoration of tribal fisheries into perpetuity. Since 1979, CRITFC has contracted with the Bureau of Indian Affairs under the Indian Self-Determination Act 13

(Public Law 93-638) to provide this technical support. Each of the four tribes of the CRITFC has, under treaties with the United States of America 1, reserved sovereign rights and authorities to themselves, including the use of, and management authority and responsibilities for, the fisheries resources originating in or passing through their original lands and territories and traditional use areas. NMFS enters into this MOU through its Northwest Regional Office, which has primary day-to-day responsibility for federal activities related to the protection and recovery of salmon populations in the Pacific Northwest. PURPOSE, GOALS AND OBJECTIVES The purpose of this MOU is to generally describe the strategies to be used by the CRITFC to allocate the Pacific Coastal Salmon Recovery Fund monies that will be issued to CRITFC under a NOAA grant for projects related to salmon habitat restoration, salmon stock enhancement, salmon research, supplementation activities and other programmatic activities geared to the restoration of salmon, consistent with the overall performance goals of the PCSRF. CRITFC will allocate funding only to projects and activities that seek to protect and restore salmonid species in the Columbia River basin. The goal of the tribes, individually and acting through CRITFC, is to restore healthy, sustainable salmon populations and other fishes throughout the Columbia River basin so that they may meaningfully exercise treaty rights they have reserved to themselves under treaties with the U.S. Tribal and CRITFC staff have developed a watershed-based framework designed to restore fisheries in the Columbia River Basin, Wy-Kan-Ush-Mi Wa-Kish-Wit (Spirit of the Salmon). The tribes' restoration plan identifies threats to salmon, proposes hypotheses based upon adaptive management principles to address those threats, and provides specific recommendations and practices that must be adopted by all natural resource managers to restore healthy fish populations and meet treaty obligations. Wy-Kan-Ush-Mi Wa- Kish-Wit can be viewed at www.critfc.org. Project Selection Process To meet these MOU objectives, CRITFC will utilize an internal project review process to assure that projects will be consistent with Congressional guidance regarding the Pacific Coastal Salmon Recovery Fund; and 2) the tribes goals and objectives. CRITFC will coordinate salmon recovery efforts and facilitate the efficient and productive use of Pacific Coastal Salmon Recovery Fund monies. CRITFC will enter into sub-recipient agreements with each tribe that establish funding criteria consistent with this MOU and intertribal agreements concerning distribution of these funds. Tribal sub-recipient agreements will specify project proposal, reporting, and monitoring criteria to ensure tribal activities funded through this MOU are consistent with Congressional intent and PCSRF performance measures (adopted jointly by the States and tribes and 1 Treaty with the Yakama Tribe, June 9, 1855, 12 Stat. 951; Treaty with the Tribes of Middle Oregon, June 25, 1855, 12 Stat. 963; Treaty with the Umatilla Tribe, June 9, 1855, 12 Stat. 945; Treaty with the Nez Perce Tribe, June 11, 1855, 12 Stat. 957. 14

continually evolving) to advance Pacific coastal salmon recovery efforts. CRITFC s role is to coordinate the tribes overall strategy to enhance their salmon restoration efforts by ensuring projects are consistent with the PCSRF authorizations and performance goals and that tribal projects result in measurable benefits for salmon and steelhead and their habitats. CRITFC will evaluate and approve project proposals from each of the four tribes or the CRITFC based upon the salmon restoration strategies described in the tribes salmon restoration plan and Congressional authorization and guidance. Pursuant to 16 U.S.C. 3645 (d) (2), this MOU defines salmon recovery strategies to allocate funds to the Tribes for projects consistent with the following PCSRF goals and objectives: Salmon-related habitat restoration and conservation projects; Salmon watershed restoration and coordination projects; Salmon stock enhancement and supplementation projects; Salmon-related research, data collection and for the maintenance and monitoring of projects completed with assistance from this Fund; and, Other programmatic activities geared to the restoration of salmon, consistent with the overall goal of the PCSRF. For salmon stock enhancement and supplementation programs that utilize artificial propagation, those projects that are consistent with current NMFS hatchery biological opinions from ESA consultations on production or supplementation in the Columbia River Basin may be funded without further consultation under the ESA. For salmon stock enhancement projects that are not consistent with current biological opinions, NMFS, at the request of the sponsoring tribe, will expedite ESA consultation, dependent on available resources, to address the project. CRITFC will consult with NMFS on project proposals that include activities previously supported by other funding, and document the decision to continue or augment these activities under PCSRF funding. Project Proposals. Project proposals will be submitted for review and approval by the CRITFC at one of its regularly scheduled or special Commission meetings as timely and appropriate, consistent with the above guidelines and will include at a minimum: 1). A project title, project manager and key staff, project description, project category, a clear statement of objectives, and an explanation on how the project promotes restoration and conservation of salmon populations. If there are ESA-listed populations that may be affected by the project, then information for NMFS to complete a consultation under the ESA as provided for under this MOU is required. Also required is the geographic area to be covered, timeframe, and other information as required under the Request for Proposals outline; 2) Detailed budget; 3) Performance measures how to assess achievements 4) Estimated time to complete or implement the project; and, 5) A monitoring and/or evaluation protocol for measuring and reporting project benefits. 15

MONITORING, EVALUATION AND REPORTING Each tribe will monitor projects for which it is receiving funding pursuant to this MOU for consistency with the project proposal submitted and will, in conjunction with the CRITFC, evaluate the immediate or anticipated measurable benefits of the project, particularly for its value in addressing factors limiting production or productivity of salmon stocks. Each tribe will submit a report to the CRITFC as provided for in the approved project proposals that describes the measurable benefits of the project, especially the manner in which the project has, or will increase the production and/or productivity of salmon stocks. CRITFC will compile these reports, along with reports on its own salmon recovery activities on behalf of the four tribes pursuant to this MOU for annual submission to NMFS, other tribal, federal or state agencies as appropriate, and for public distribution, for so long as funding is provided to the Columbia River tribes to carry out such activities and purposes under the Pacific Coastal Salmon Recovery Fund. CRITFC will update the NMFS database as new or modified project information becomes available, or at least quarterly, so that the PCSRF database contains accurate descriptions and performance metrics for all completed, ongoing, and proposed projects. On a quarterly basis, the CRITFC will download and complete the PCSRF fiscal verification report and submit it to NMFS. FUND DISTRIBUTION CRITFC shall distribute the funds to each one of the four tribes and to CRITFC for projects consistent with this MOU and applicable agreements. CRITFC will ensure the maintenance of up-to-date data in the PCSRF database. No other individual, organization, or entity is entitled to funding under this MOU. This MOU does not constitute a financial commitment on the part of any party. Financial support shall be subject to the budgetary and administrative procedures of NOAA and the CRITFC. OTHER PROVISIONS Nothing herein is intended to conflict with current Department of Commerce or CRITFC directives. If the terms of this MOU are inconsistent with existing directives of either of the agencies entering into this MOU, then those portions of this MOU which are determined to be inconsistent shall be invalid; but the remaining terms and conditions not affected by the inconsistency shall remain in full force and effect. Any changes to this MOU will be accomplished by either a written amendment or by entering into a new MOU; whichever is deemed expedient to the interest of both parties. Any disputes regarding this MOU or its implementation, which cannot be resolved at the operating level, shall be resolved by the NMFS Northwest Regional Administrator and the Chairman or Executive Director of CRITFC. NMFS has already completed a consultation on the issuance of this MOU in accordance with Section 7 of the ESA. Execution of this MOU does not imply any authorization of incidental "take" of listed species under the ESA. CRITFC will require all sub-agreements include the stipulation that project actions that may affect ESA-listed populations cannot commence until an ESA consultation has been completed and that they comply with applicable local, state and federal permitting requirements. 16

IMPLEMENTATION This amended MOU is effective when signed by both Parties and supercedes prior MOUs. Federal funding for the Tribes through CRITFC will be provided to CRITFC through a NOAA Financial Assistance Award. Signed this day of May 2005. D. Robert Lohn, Regional Administrator Olney Patt, Jr., Executive Director National Marine Fisheries Service Columbia River Inter-Tribal Fish Commission Northwest Region 17