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The Northwest Power Act specifically directs the Council to involve the public in our 

 decision making. For example, at Section 4.(h)(4)(B) and 4.(h)(5), regarding the fish and 

 wildlife program, the Act says the Council "... shall provide for public participation and 

 comment regarding the recommendations (for program measures) and supporting 

 documents ... and shall develop a program on the basis of such recommendations" and 

 other information obtained through public comment and participation. The Endangered 

 Species Act also allows for public participation, but participation is more restricted than 

 under the Northwest Power Act. 



We see our Strategy for Salmon, developed with regional input, as a foundation for 

 the National Marine Fisheries Service in devising its recovery plans for salmon. Without 

 the salmon strategy, the federal government or courts would have been left to impose a 

 plan of their own. A regional plan, based on extensive input from aU the basin's interest 

 groups as well as Northwest citizens, has the advantage of reflecting the unique values, 

 perspective and interests of the region. 



Currently, the Endangered Species Act has limited avenues for nonfederal parties to 

 be involved in the Act's processes. The agency administering the process must provide 

 public notice and an opportunity for comment on proposed listings, critical habitat 

 designations and recovery plans. However, currently only federal agencies have a right to 

 participate in the federal consultation process under Section 7 of the Act. The Western 

 Govemore' Association contends that the Endangered Species Act should require much 

 more extensive participation by the states in all of the Act's processes. A similar 

 argument could be made by the Indian tribes who manage fish and wildlife resources, 

 both on and off reservations. Particularly for an entity like the Council, a more 

 meaningful role in Section 7 deliberations, in recovery plaiming and in other such 

 processes would seem appropriate. 



One virtue of the federal consultation process under Section 7 is its brevity. 

 Timelines are short and demanding, and they would be strained by significant public 

 participation requirements. However, we believe that greater openness in all 

 consultations - harvest, habitat, river operations and production - would benefit 

 implementation of the Act. 



To that end, we support efforts by Rollie Schmitten, Northwest regional director of 

 the National Marine Fisheries Service, to open up the Section 7 process to the Council, 

 states and Indian tribes, and we hope the other federal agencies will implement his 

 suggestions. We are confident that a more open process that respects the purposes and 

 time requirements of the Endangered Species Act can be developed. For example, in 

 Colorado, the Bureau of Reclamation and the U.S. Fish and Wildlife Service were able to 

 woric with state, tribal and other interests while fully complying with the Endangered 

 Species Act. It may take creativity to develop such a process here, but it need not be at 



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