Klamath Water Users Association 2455 Patterson Street, Suite 3 Klamath Falls, Oregon 97603 Phone (541) 883-6100 FAX   (541) 883-8893   kwua@cvcwireless.net  Weekly Update June 4, 2004 USFWS Proposes Regs Governing Revocation of Incidental Take Permits The U.S. Fish and Wildlife Service (USFWS) last week reproposed regulations regarding incidental take permits that are granted under the Endangered Species Act.  The regulations outline the circumstances under which these permits can be revoked. USFWS grants incidental take permits to landowners who have voluntarily agreed to develop Habitat Conservation Plans (HCPs). These plans provide a framework for landowners to conserve threatened and endangered species on their property. In return, the permits give landowners authorization for incidental take of listed species resulting from their otherwise lawful development or land use activities. The regulations governing revocation of incidental take permits were first published in June 1999.But a U.S. District Court judge for the District of Columbia ruled the Service had violated the Administrative Procedure Act by failing to provide the public with an adequate opportunity to comment. To address the court ruling the USFWS: Published a final rule in the Federal Register with- drawing the permit revocation regulations that the court vacated. Published a proposed rule in the Federal Register that provides notice to the public and requests comments on the USFWS reproposed regulations for revoking incidental take permits for HCPs. While USFWS has not revoked an incidental take permit associated with an HCP to date, the proposed USFWS Proposes Regs Governing Revocation of Incidental Take Permits rule clarifies the very limited circumstances when   this could happen. This proposed rule would allow USFWS to revoke an incidental take permit only if take of listed species caused by the permitted activity will appreciably reduce the likelihood of survival and recovery in the wild of one or more of the covered species. Specifically, USFWS is seeking comments on: The reproposed regulations for revoking incidental take permits issued in conjunction with HCPs; The relationship between the reproposed regulations and the "No Surprises" regulations which give landowners assurances that USFWS will not ask for any further mitigation once a permit for a HCP is issued; Whether the revocation standard in 50 CFR 13.28(a)(5), or some other revocation standard would be more appropriate for incidental take permits with "No Surprises" assurances. The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and    restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. Source: USFWS News Release -Continued on Page 3 -       Klamath Water Users Association 2455 Patterson Street, Suite 3 Klamath Falls, Oregon 97603 Phone (541) 883-6100 FAX   (541) 883-8893   kwua@cvcwireless.net  Weekly Update jUNE 4, 2004 Application Period Opens June 1 for Landowner Incentive Program Grants Applications will be accepted June 1 – Aug. 31 for Landowner Incentive Program grants to enhance, protect or restore habitats that benefit "species-at-risk" on privately owned lands, the Oregon Department of Fish and Wildlife announced earlier this week. Successful grant applications will be funded through Congressional allocations for the nationwide program. Congress is expected to act on the budget allocation later this year. Oregon received $1.12 million for the competitive grant program in 2003. Private landowners or groups, working with private landowners are encouraged to submit proposals for projects that conserve, enhance or restore habitats for rare species. Example projects include restoring native vegetation, prescribed burns, grazing management, brush and invasive weed management, removing fish passage barriers, stream restoration, and purchasing conservation easements. In Oregon, "species-at-risk" include fish or wildlife species that are federally or state listed as threatened or endangered under the Endangered Species Act (ESA), are a candidate for listing as threatened or endangered under the ESA, or are listed on the State Sensitive Species List. Species listed as globally critically imperiled, imperiled, rare or locally threatened on the Oregon Natural Heritage Program's list of Rare, Threatened and Endangered Plants and Animals of Oregon also are eligible. Species-at-risk also include plants listed on the Oregon Department of Agriculture's Wildflowers, and Endangered, Threatened, and Candidate plant list. For more information or to obtain an application form and instructions, visit http://www.dfw.state.or.us/LIP/overview.html.   Norton Applauds President’s Recess Appointment of Wooldridge as Solicitor Interior Secretary Gale Norton on Tuesday applauded President Bush’s recess-appointment of Sue Ellen Wooldridge to be solicitor for the U.S. Department of the Interior. She will serve while the U.S. Senate considers her nomination when it reconvenes. Wooldridge since 2001 has been Interior’s point official on Klamath Basin policy issues. "I am excited to have Sue Ellen Wooldridge*s dedication and expertise in our legal department as we continue to manage our national treasures," said Norton. "Sue Ellen’s unique talents and extensive legal experience are a great asset for Interior and will serve her well as solicitor." President Bush nominated Wooldridge in January. Under a recess appointment, Wooldridge immediately assumes the position of solicitor, which is the general counsel for the Department of the Interior. Wooldridge most recently served as the deputy chief of staff and counselor to Secretary Norton, a position she held since January 31, 2001. Within months of her appointment, she inherited Klamath Project biological opinions developed in the Clinton Administration that led to the curtailment of Klamath Project irrigation supplies later that year. In the past three years, she has had the unenviable job of trying to address the Interior Department’s responsibilities to farmers, tribes and the environment. "No one interest is going to get everything it asks for in the Klamath Basin," said KWUA Executive Director Dan Keppen. "It’s clear that Sue Ellen Wooldridge’s management philosophy in Klamath was driven by sound science and a desire to reach balance. We wish her well in her new position." -Continued on Page 4 -     Klamath Water Users Association 2455 Patterson Street, Suite 3 Klamath Falls, Oregon 97603 Phone (541) 883-6100 FAX   (541) 883-8893   kwua@cvcwireless.net  Weekly Update jUNE 4, 2004 KWUA to Participate in Lower Klamath River Science Conference The U.S. Departments of the Interior and Commerce and the Klamath River Basin Fisheries Task Force are hosting a science needs conference June 7-10, 2004 at Humboldt State University. The Klamath Water Users Association (KWUA) will join representatives from Humboldt County, Siskiyou County, and the Klamath Task Force to offer up the top three most pressing science needs in the Klamath River watershed. KWUA’s List: Apply research to ascertain the primary factors affecting sucker fish recovery in Upper Klamath Lake, and, through an adaptive management approach, develop pilot projects that focus solely on recovery of these species; Resolve the disputed relationship between fish disease, flows and water temperatures on the lower Klamath River; and Using an adaptive management approach that emphasizes incentives (rather than regulations) for landowners - and in a manner that avoids re-directing negative impacts - improve coho habitat in lower Klamath River tributaries. The issues that KWUA Executive Director Dan Keppen will present on Monday are driven, in part, by principles and goals previously outlined in three documents developed by the association: Initial Ecosystem Restoration Plan for The Upper Klamath River Basin With Focus on Endangered Species Recovery and Water Management Improvements;   KWUA to Participate in Lower Klamath River Science Conference (Continued) Protecting the Beneficial Uses of Waters of Upper Klamath Lake: A Plan to Accelerate Recovery of the Lost River and Shortnose Suckers; and Summary of Recent and Proposed Environmental Restoration and Water Conservation Efforts Undertaken by Klamath Water Users and Basin Landowners. Many of the guiding principles contained in these documents have also been exercised with success through the Ecosystem Restoration component of the CALFED Bay-Delta Program, which is being implemented in California. The purpose of the conference is to initiate a dialogue between resource management and scientific communities including tribal authorities, academia, and other stakeholders about present and future information needs and their priority in the Basin. The physical connections and ecological linkages between upper and lower basins including the Trinity River are key themes. Conference goals focus on anadromous fishes and instream flow needs. Science needs will be identified, discussed, and synthesized.   CALENDAR OF EVENTS Monday, June 7 – Thursday, June 10, 2004 – Lower Klamath River Science Conference. Humboldt State University, Arcata, California.

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