The tastiest fish I’ve ever eaten was spring Chinook salmon from the Klamath River that I ate at a traditional tribal fish bake at Ocean Beach in San Francisco during the Salmon Aid Festival, the brainchild of commercial fisherman Mike Hudson, back in the summer of 2008. The dark orange, fat saturated meat dripped with delicious juice from the river-maturing fish.
This was during one of two years that recreational and commercial salmon fishing was closed in the ocean and sport fishing was closed in the ocean, due to the collapse of Central Valley fall-run Chinook salmon spurred by a combination of Delta water exports, poor ocean conditions and other factors
Merkie Oliver, a respected Yurok tribal elder and fisherman who passed away in 2015, oversaw a crew of Karuk and Yurok tribal members cooking the salmon on sticks on the beach. There was plenty of salmon for everyone that came to the event, including anglers and environmentalists, that year.
The fish we ate were undoubtedly mostly salmon from the Trinity River Fish Hatchery in Lewiston.
However, the wild spring Chinook salmon on the Klamath and Trinity rivers and their tributaries have been in decline for many years, due to the impact of upstream dams, agricultural diversions and deadly fish disease outbreaks on the main stem of the Klamath.
The 2017-18 count of spring run Chinook was 6500 fish, according to the CDFW, but the overwhelming majority of these fish are hatchery fish from the Trinity River Fish Hatchery.
The spring Chinook salmon that ascend the Klamath River every spring once numbered in the hundreds of thousands. However, last summer, divers at the Salmon River Cooperative Spring Chinook and Summer Steelhead Population Snorkel Survey only found 160 Spring-run Chinook, the third lowest return in over 28 years since the counts started, according to a statement from the Karuk Tribe.
Divers conducting a fish survey found even less fish on the South Fork of the Trinity River, another location of a remnant population of wild Spring Salmon in the Klamath-Trinity River system.
The Karuk Tribe and the Salmon River Restoration Council filed a petition last year to list the salmon as endangered under the California Endangered Species Act (CESA) to provide additional protections to the endangered fish.
The Hoopa Valley Tribe is opposing the listing, stating that listing under CESA or the federal ESA “fails to address the real causes for declines for Klamath spring run chinook salmon,” while the Yurok Tribe hasn’t announced their position yet on the listing.
Then on February 6, the California Fish and Game Commission voted unanimously at its meeting in Sacramento to make Upper Klamath-Trinity River Spring Chinook Salmon a candidate for listing under the California Endangered Species Act (CESA).
“The petitioners submitted information suggesting declining population trends and a low abundance in the tributaries, making this stock of salmon vulnerable to extinction,” according to a CDFW news release.
Now that the Commission has chosen to list the fish as candidate for listing, a one-year status review ensues before the final decision on listing is made. As a candidate Species, the fish is provided the same protections as species listed as endangered and threatened under CESA.
Emergency sport fishing regulations adopted on Klamath system
The California Department of Fish and Wildlife (CDFW) at the meeting requested that the Commission adopt emergency fishing regulations necessary to reconcile them with the CESA protections. CDFW will also be in consultation with federal regulatory bodies concerning ocean fishing regulations.
“We think we can develop regulations that can protect the salmon while allowing fishing for the hatchery salmon stocks,” said Eric Sklar, Commission President. “I think the Karuk Tribe wants to work with recreational and commercial fishermen to develop regulations that work for everybody, but we still have to protect the fish.”
The following inland salmon fishing closures were approved by the Commission through the emergency regulations:
- Klamath River main stem from the mouth of the river to Iron Gate dam. Closed to salmon fishing from the anticipated effective date of February 22 (subject to approval from the Office of Administrative Law (OAL)) to August 14.
- Trinity River main stem from its confluence to the Highway 299 Bridge at Cedar Flat. Closed to salmon fishing from the anticipated effective date of February 22 (subject to OAL approval) to August 31.
- Trinity River main stem from upstream of the Highway 299 Bridge at Cedar Flat to Old Lewiston Bridge. Closed to salmon fishing from the anticipated effective date of February 22 (subject to OAL approval) to October 15.
Fishing for Upper Klamath-Trinity River Fall Chinook Salmon will be allowed in these areas after the closure dates listed above. Quotas and bag and possession limits for Fall Chinook Salmon will be adopted by the Commission in May of this year. Steelhead fishing will be allowed year-round with normal bag and possession limits.
“Along with its adoption of the emergency regulations, the Commission also directed CDFW to work with stakeholders, including affected counties, fishing organizations, Tribes and conservation groups, to investigate options to allow some Spring Chinook Salmon fishing in 2019,” according to a statement from the CDFW.
Under Section of 2084 of Fish and Game Code, the Commission can consider hook-and-line recreational fishing on a Candidate Species. CDFW will present the results of that stakeholder collaboration and potential options using Section 2084 at the Commission’s next public meeting on April 17 in Santa Monica.
Karuk Tribe and SRRC want “common sense fishing regulations”
Representatives of the Karuk Tribe and SRRC attending the meeting emphasized they want to work with fishermen and the agency to develop “common sense fishing regulations,” including being able to fish for spring Chinook born at the Trinity River Fish Hatchery in Lewiston.
“There is a population of hatchery born spring Chinook on the Trinity River that can and should be fished,” says Karuk Tribe Executive Director Joshua Saxon in a statement.
Saxon testified as to the key role the Chinooks play in Karuk culture.
“My family is from Camp Creek and areas north of the Salmon River,” he said. “We have lived there for thousands of years. A near-extinction event goes to core of our identity.”
“Spring chinook are our relatives,” Saxon emphasized. “When I think of spring Chinook, I think of family and the spring ceremony for spring run Chinook – upriver smoke – that hasn’t been done for over 70 years. These fish are absolutely essential to me, my kids and all of us.”
Researchers at the University of California, Davis led by Dr. Michael Miller, recently published two reports in the journal Science Advances and the Proceedings of the National Academy of Sciences that explains the genetic differences between fall Chinook and spring Chinook, according to a joint press release from the Karuk Tribe and the Salmon River Restoration Council. Miller testified at the meeting on Wednesday.
“The research provides new insights into salmon evolution and reveals that spring Chinook salmon deserve to be treated as its own evolutionarily distinct unit separate from fall Chinook. Before the age of dams, industrial mining, and clear-cut logging, spring Chinook salmon were the most abundant run of salmon in many Pacific Northwest Rivers. Today these fish are nearly extinct throughout much of its historic range,” according to the Tribe.
“These fish have been on the brink of extinction for years,” explained Saxon, “but no one believed us when we said they were a distinct species from fall Chinook until now.”
Spring Chinook enter rivers in the spring when snow melt swells rivers, allowing the fish travel into the upper reaches of a watershed, according to Saxon. Unlike the fall Chinook, they mature in the river. Then they must spend the hot summer in cold water pools until they spawn and die in the fall.
In contrast, Fall Chinook migrate into rivers in the fall where they spawn and die relatively soon after entering fresh water. Having two life strategies allow Chinook to take advantage of the entire watershed instead of just the upper or lower reaches. This behavioral diversity enhances the chances of long-term survival for the entire population.
“Dams are the single greatest threat to Spring Chinook,” explained Karuna Greenberg of the Salmon River Restoration Council. “Dams prevent Springers from accessing the upper reaches of watersheds where most of the cold-water habitat they need to survive the summer is located.”
Greenberg cited diversions, mining, and poor logging practices as other additional factors.
Dr. Mike Miller’s research says difference between spring and fall runs is in a single gene
Listing proponents said Miller and his colleagues’ research “rewrites” our understanding of Chinook salmon’s evolutionary history.
“By using new advances in molecular biology, they quickly compared hundreds of thousands of DNA segments of one individual salmon to hundreds of others. This allowed them to locate a very small region of DNA that is always different between spring and fall Chinook,” explained Craig Tucker, Ph.D., Natural Resources Consultant to the Karuk Tribe.
“Miller’s research shows that the difference between spring and fall run Chinook is a small change in a single gene. This change has occurred only once in Chinook’s evolutionary history which means that if we lose spring Chinook, we can’t expect them to re-appear for millions of years,” said Tucker.
Tucker noted that Miller’s findings contrast with the previously held notion that salmon populations evolved the spring run behavior many times over across watersheds.
“If that were true, it would mean that the spring run behavior is relatively easily for Chinook to develop. In the past, federal agencies have declined to add spring Chinook to the Endangered Species List for this very reason,” said Tucker.
“This new finding is forcing agencies to reconsider their stance on spring Chinook in the Klamath and many other watersheds,” said Tucker.
The genetic difference between spring and fall Chinook is in a gene called Greb1L that has been shown to play a role in fat metabolism. “This is a master control gene that makes the fish spring run,” Miller said at the hearing.
Spring Chinook typically have 30% more body fat than fall Chinook, accounting for the great tablefare that they make.
“We can taste the difference,” said Saxon. ‘Springers have a long way to swim before reaching their spawning grounds so they enter the river full of body fat which is why they taste so good.”
Saxon said a similar petition to list Klamath Trinity Spring Chinook under the federal Endangered Species Act (ESA) is currently under review.
“Spring Chinook advocates currently have January 2021 circled on their calendars,” the Tribe concluded. “That’s when the removal of the lower four Klamath River dams is slated to begin pursuant to an historic agreement between dam owner PacifiCorp, California, Oregon, Tribes, and conservation groups. The project would be the largest salmon restoration project in US history. For spring Chinook and the Karuk Tribe, it can’t come soon enough.”
Hoopa Valley Tribe opposes listing
Representatives of other Klamath River Tribes besides the Karuk didn’t speak at the Commission meeting, but Commissioner Jacqueline Hostler-Carmesin noted that the Commission had received a letter from the Hoopa Valley Tribe strongly opposing the listing.
“We would also like to hear from the Yurok Tribe,” said Hostler-Carmesin. “I’m concerned about the lack of collaboration between Tribes and stakeholders.”
Mike Orcutt, Hoopa Valley Tribe Fisheries Director, summed up the reasons for the Tribe’s opposition to both the CESA or Federal ESA listing, in an email.
“We are in strong opposition because listing under either CESA or Federal ESA will not force state or federal governments to address the real causes for declines for Klamath spring run chinook salmon,” said Orcutt. “Further, it will likely cause restrictions in fisheries that want to access more abundant Trinity River origin spring run chinook salmon.”
The letter from Oscar Billings, Vice-Chairman of the Hoopa Valley Tribal Council, said there “is is insufficient evidence in the record to support the Petition’s claim that spring runs are sufficiently distinct from fall runs to warrant separate legal protection for the spring runs under either the CESA or federal ESA.”
“The petition relies primarily on a single study (Prince et al., (2017)) as a basis to claim that spring-run UKTR chinook salmon are distinct from fall-run UKTR Chinook. The Tribe disagrees that this Commission can make a determination that spring-run UKTR Chinook are reproductively or otherwise distinct from fall-run UKTR Chinook on the basis of one single study that is inconsistent with the best available science that has been relied upon by NMFS and this Commission in management decisions relating to the UKTR Chinook to date,” the letter stated.
“Any decision to list spring-run UKTR Chinook on the CESA must thoroughly weigh the preponderance of best available science and critically evaluate the consequences of such an action. It is a decision that will have wide-ranging and perhaps unintended adverse consequences to species in the Klamath River as well as to the Tribes who rely on anadromous fish. There is currently insufficient evidence to support the petition and the Tribe respectfully requests that the Commission deny the petition,” Billings concluded.
(See the complete letter from the Hoopa Valley Tribe at the end of the article).
The Tribe recently won a significant court victory for Klamath River salmon. On January 25, a federal court of appeals unanimously sided with the Hoopa Valley Tribe, ruling that the Federal Energy Regulatory Commission (FERC), the states of California and Oregon, and PacifiCorp can no longer stall dam license conditions to protect fish.
“This case shows that states must not ignore the rights and interests of tribes with co-management authority regarding fisheries,” said Hoopa Tribal Chairman Ryan Jackson. “Present conditions in the Klamath River, the second largest river system in California, are on the verge of ecologic collapse given the chronic and degraded water quality caused by operation of the PacifiCorp-owned dams under the antiquated conditions contained in its expired 1956 FERC license. It’s a travesty to the communities in the Klamath Basin, that FERC has allowed the unlawful practice to continue.” For more information, go to: www.dailykos.com/...
Recreational fishermen respond to proposed closure
Recreational anglers and guides who spoke at the meeting didn’t oppose the listing, but said they supported regulations that would allow them to continue to fish for hatchery spring Chinooks.
James Stone, President of the NorCal Guides and Sportsmen’s Association, said he felt the public didn’t have ample time to comment on the closure.
“The recreational fishery would be severely impacted,” he said. “This will have an immediate impact on people.”
As an option, he suggested that the Trinity River Hatchery could move to 100 percent marking of the spring chinooks so that anglers could readily identify the hatchery fish from the natural-born fish.
Nathanial Pennington, a Mid-Klamath River guide, added, “We need to get creative about handling the regulations,” noting that a “lot of habitat could be improved” to restore the spring Chinook.
Pennington has has been taking kids out on the river to see the salmon spawning. “We have a great opportunity to protect wild fish and fish for hatchery salmon as well,” he noted.
Others who spoke in favor of protecting the salmon while allowing fishing for hatchery springers included Mark Smith, representing the American Sportfishing Association, Jerry Lampkin of TNG Motor Sports Guide Service, a member of the NorCal Guides and Sportsmen’s Association, and George Osborn, representing the Coastside Fishing Club.
In the Commission’s next public meeting on April 17 in Santa Monica, the CDFW will present the results of the “stakeholder collaboration and potential options.” Meanwhile, the public may keep track of the quota status of open and closed sections of the Klamath and Trinity rivers by calling the information hotline at (800) 564-6479.
The full letter from the Hoopa Valley Tribe is below:
February 1, 2019
Via E-mail: fgc@fgc.ca.gov
California Fish and Game Commission
P.O. Box 944209
Sacramento, CA 94244-2090
Re: Comments of Hoopa Valley Tribe in Opposition to Petition to List Upper Klamath-Trinity River Spring Chinook Salmon under the California Endangered Species Act.
Dear California Fish and Game Commission members:
The following comments are submitted on behalf of the Hoopa Valley Tribe (Tribe) in opposition to the pending Petition to List Upper Klamath-Trinity River Spring Chinook salmon as a threatened or endangered species pursuant to the California Endangered Species Act (CESA). The Petition is currently on the Commission agenda for the February 6, 2019 meeting. Listing is not warranted at this time and the Commission should deny the Petition and not initiate a status review pursuant to the CESA.
The National Marine Fisheries Service (NMFS) has twice previously evaluated whether the Upper Klamath-Trinity Rivers (UKTR) Chinook salmon should be listed as threatened or endangered pursuant to the Federal Endangered Species Act (ESA). In both 1998 and 2012, NMFS concluded that listing was not warranted. NMFS is currently conducting another status review regarding the listing of the UKTR Chinook based on largely the same evidence that has been presented to this Commission. See 83 Fed. Reg. 8410 (Feb. 27, 2018). The NMFS status review should be completed in 2019 and the Tribe submits it would be premature for this Commission to take action until the results of the ongoing federal status review is completed. At minimum, the actions of this Commission must be carefully coordinated with the ongoing Federal status review to avoid the potential for conflicting management requirements.
The petition pending before this Commission relates only to the spring runs of UKTR salmon. There is insufficient evidence in the record to support the Petition’s claim that spring runs are sufficiently distinct from fall runs to warrant separate legal protection for the spring runs under either the CESA or federal ESA. The petition relies primarily on a single study (Prince et al., (2017)) as a basis to claim that spring-run UKTR chinook salmon are distinct from fall-run UKTR Chinook. The Tribe disagrees that this Commission can make a determination that spring-run UKTR Chinook are reproductively or otherwise distinct from fall-run UKTR Chinook on the basis of one single study that is inconsistent with the best available science that has been relied upon by NMFS and this Commission in management decisions relating to the UKTR Chinook to date.
Fishery managers have previously noted limitations of the Prince et al. (2017) study and cautioned against relying on it as a basis for finding that spring-run UKTR Chinook are distinct from fall-run. For example, the Oregon Department of Fish and Wildlife, in their April 30, 2018 comments to NMFS relating to the pending federal status review of UKTR Chinook recommended that: “NMFS not use the new genetics information to delineate a new ESU [of spring-run UKTR] at this time, as there are limitations of the study and additional analyses and further research is needed before using this work as a basis for delineating the ESU.” ODFW also recommended that: “Prior to using such information here or elsewhere, consider with co-managers the ESA, policy and logistical implications and criteria for revising ESU delineations based on different thresholds of new genetic information, and revise the joint NMFS/USFWS ESU policy to ensure there is a consistent framework to incorporate adaptive genetic data.” Regarding the Prince et al. (2017) study, ODFW added that: “While the findings reported in this peer-reviewed manuscript represent a major advancement in our understanding of the genetic basis of migration timing, it is important to acknowledge the limitations of the study and need for further research before using the findings as a basis for delineating an ESU.” ODFW concluded that “it is premature, at this point, to base a listing unit decision, either solely or in large part, on genetic data from Prince et al. (2017) or more recent analyses.” A copy of the complete ODFW comments, which provide additional detail on the limitations of the Prince et al. (2017) study are attached hereto for reference.
The Tribe agrees with ODFW’s comments that it is premature to make any determination that spring-run UKTR Chinook are sufficiently distinct from fall-run to warrant separate legal treatment and listing under the CESA or federal ESA. The Commission should deny the Petition at this time pending completion of the NMFS status review and development of the more complete scientific information that ODFW expects will be available in coming years.
In addition to insufficient scientific evidence, there are other reasons why a status review of listing the spring-run UKTR Chinook as threatened or endangered is premature at this time. First, the removal of the Lower Klamath River dams is anticipated to commence within the next two years. This event will radically reshape the Klamath River and the habitat available for the UKTR Chinook. Second, the federal government is anticipated to complete a new Biological Opinion relating to operation of the Klamath Irrigation Project in 2019, which must provide for flows adequate to protect SONCC Coho salmon, but will benefit UKTR Chinook as well. The provision of additional habitat and flow through these upcoming processes will benefit UKTR Chinook and the effects of these processes on UKTR Chinook should be evaluated and considered prior to any decision to add the species to the CESA.
In ODFW’s April 30, 2018 comments, attached hereto, ODFW noted that dividing management of spring-run and fall-run UKTR Chinook based on a single genetic trait could be counterproductive and would result in serious “practical management consequences.” The Tribe agrees. The Tribe tirelessly advocates for protection and preservation of anadromous fish in the Klamath and Trinity Rivers. The Klamath and Trinity Rivers flow through the Hoopa Valley Reservation and anadromous fish, especially including UKTR Chinook, are vital to the subsistence, culture, and economy of the Tribe. Yet, the Tribe does not believe that listing spring-run UKTR Chinook (or UKTR Chinook as a whole) on the CESA or federal ESA is an appropriate or necessary step to protect these fish at this time. Listing may even prove counterproductive to restoring the species. For example, listing of SONCC Coho under the federal ESA has resulted in restrictive management requirements that have sometimes proven counterproductive to the comprehensive restoration of fish in the Klamath and Trinity Rivers. In addition, the Tribe has at times suffered disproportionate conservation burdens associated with federal ESA listing in a manner that conflicts with and undermines its federally reserved rights to fish on its Reservation. While listing species under the CESA or federal ESA may be appropriate when the best available science clearly shows that such a step is both legally and scientifically required to protect and preserve the species from risk of extinction, the Tribe disagrees that listing is appropriate or necessary at this time for either spring or fall-run UKTR Chinook.
Any decision to list spring-run UKTR Chinook on the CESA must thoroughly weigh the preponderance of best available science and critically evaluate the consequences of such an action. It is a decision that will have wide-ranging and perhaps unintended adverse consequences to species in the Klamath River as well as to the Tribes who rely on anadromous fish. There is currently insufficient evidence to support the petition and the Tribe respectfully requests that the Commission deny the petition.
HOOPA VALLEY TRIBAL COUNCIL
Oscar Billings, Vice-Chairman