Clean Water Act/Endangered Species Act: A ``Regulatory'' Perspective and Case Study in the Pacific Northwest

Abstract

The Pacific Salmon is the defining symbol of the Pacific Northwest. Factors affecting its continued survival set the stage for the conflict and cooperation of diverse individuals, interest groups, state agencies, and federal agencies. Various dredging activities have been identified as having a potential negative impact to listed endangered salmonids in the Columbia River. The interrelationship of culture, politics, and science are discussed in relationship to resolving divergent view-points and removing uncertainties to the proposal to deepen the Columbia River Federal Navigation Channel from 40-ft to 43-ft. INTRODUCTION A federal agency involved in actions that will “directly or indirectly cause modifications to land, water or air” that contain listed species or their habitat must meet the requirements of the Endangered Species Act (ESA). A federal construction project such as the Columbia River Channel Improvement Project (CRCIP) falls into this category, under Section 7 of the ESA. Section 7 contains two key categories: Section 7(a) (1) and Section 7(a) (2). Section (a) (1) states that “Agencies should use their authorities to carry out affirmative programs to conserve listed species.” Section 7(a) (2) states “Agency actions should not jeopardize listed species or adversely modify/destroy critical habitat.” Two documents are necessary to satisfy ESA requirements. 1.) A Biological Assessment must be prepared by the federal agency proposing to conduct major construction activities. 2.) Biological Opinions issued by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) also are required before a project can proceed. _________________________________________ Author Biographical and Contact Information 1) United States Army Corps of Engineers, Portland District, P.O. Box 2946, Portland, OR . 97208-2946. 503-808-4885, 503-808-4875 (FAX) Mark.D.Siipola@usace.army.mil 2) United States Army Corps of Engineers, Seattle District, 4735 E. Marginal Way S., Seattle, WA. 98134-2385. 206-764-6945 Stephanine.K.Stirling@usace.army.mil Copyright ASCE 2004 Dredging 2002 2 As NMFS and USFWS (the Services) consider information to issue the opinions they are evaluating all federal actions in connection with a specific project that could: adversely affect (cause a harmful change in) listed species or designated critical habitat; jeopardize the continued existence of species that are proposed for listing; or adversely modify proposed critical habitat. Until listing of the various (13) salmonid species as treatened or endangered the primary laws governing dredged and disposal activities include the Clean Water Act (CWA) and Marine Protection, Research and Sanctuaries Act (MPRSA) in addition to NEPA. The EPA and Corps of Engineers primarily administer the CWA and MPRSA. The intent of these laws was to clean up polluted waterways or to stop any further degradation. Their emphasis is the protection of human health and the environment. This would include the protection of species at the population level.