661 



with adopted measures. Neither do such efforts necessarily allow salmon to share the benefits 

 of runoff conditions not planned for. Since PNC A planning conservatively assumes poor runoff 

 conditions, in-season system flexibility often exceeds planned operations. Currently, this in- 

 season system flexibility is primarily optimized for power purposes. 



d) Adopting a new agreement or creating a new regional entity among BPA, the Corps 

 of Engineers, the Bureau of Reclamation, the council and others to administer annual 

 operations: 



Existing processes should be restructured to allow direct tribal representation in the 

 administration of annual operations. 



e) Transferring a lump sum in fish and wildlife funds from BPA to fish and wildlife 

 agencies to be administered separately by those agencies for salmon recovery, while 

 providing accoumability for results of the work funded; 



The Commission favors such an approach to fish and wildlife funding, provided that the 

 tribes are full partners with the fish and wildlife agencies in fulfilling these responsibilities. As 

 noted above, significant efficiencies could be obtained by stream-lining funding process through 

 the use of block grants and similar mechanisms. 



f) Legislatively creating a new entity or designating an existing agency with authority 

 to numdate salmon recovery. 



The Commission has been working closely with the Department of the Interior to ensure 

 that all Interior agencies act consistently with the tribes' treaty rights and related interests in 

 salmon while fulfilling their responsibilities under the ESA. Likewise, we have attempted ensure 

 that NMFS' policies under the ESA reflect the tribes' concerns and interesu. The tribes still 

 have major concerns with NMFS administration of the ESA, particularly with regard to NMFS 

 definition of species* and NMFS policy on the use of artificial propagation in recovery actions. 

 NMFS still has not meaningfully consulted the tribes in development of a final artificial 

 propagation policy. 



* More specifically, the Commission has objected to NMFS' definition of what constitutes 

 a "distinct population segment" under the Act to mean an "evolutionarily significant unit" (ESU). 

 The Commission believes that NMFS' ESU definition will preclude recovery of listed salmon 

 stocks. 



