■ The effect otthe ■full transportalion^:-porttopi-of trie Corps pr.oposed amendment would be to 

 take the fishery-agencies and tnbes out of thebecision-makmg process on- transportation, and. 

 therefore, would be inconsistent with sections 4(h)f6)(Ai and 4!h)(l 1)(B) of the Northwest Power 

 Act. Bnd section 1304(c) of the fisn and wildlife program As a result, it would be less effective than 

 the existing program and the Council's new language (16USC 839b(h)(7)(C).) Moreover, under 

 the Columbia River Fish Compact. Washington and Oregon have concurrent jurisdiction over 

 anadromous fish m the Columbia River where the nver borders both states Congress authorized 

 the two states to enter into the compact for the "regulation preservation, and protection of fish m 

 the waters of the Columbia River ' 40 Stat 515 (1918) The Council is aware of no Congressional 

 action that has authorized the Corps of Engineers to act inconsistently with the state authority 

 under that compact For all of these reasons, the Council proposes to reject the Corps' 

 application. 



Because the portion of the Corps' proposed amendment dealing with crediting of 

 transportation to individual project survival goals would likely result in lower juvenile survival for 

 some important stocks, the Council proposes to reject that proposal because it: i) would not 

 serve to protect mitigate and enhance" the fishery resource as affected by hydroelectric 

 development fi6 U S C 839b(h)(5)), and 2) by reducing smolt survival at non-collector projects, it 

 does not provide improved survival of [salmon and steelhead] at hydroelectric facilities" 

 (4(h)(6)(E)(iii)). and therefore it would be less effective than adopted recommendations (16 U S C 

 839b(h)(7)(C).) 



Tne Council believes this proposed course of action would acknowledge the fishery-agencies 

 and tribes^^s the agencies with biological expertise and legal authority to set fish transport policy 

 Further research on the benefits of transportation. clearly is needed to manage and- assess the 



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