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  • 2004 FCRPS BiOp

    In November 2004, NOAA Fisheries released a revised biological opinion (BiOp) on operation of the Federal Columbia River Power System. In it, NOAA Fisheries found that the federal action agencies' Updated Proposed Action was not likely to jeopardize the ESA-listed species in the Columbia Basin.

     

    11-30-04 | Final Updated Proposed Action for the FCRPS Biological Opinion Remand (1,124KB)
      Appendix A (1,828KB)
      Water Quality Plan
      Appendix B (154KB)
      Reclamation projects in the FCRPS BiOp
      Appendix C (53KB)
      Tributary habitat actions in the 2000 RPA
      Appendix D (58KB)
      Rationale for habitat actions
      Appendix E (37KB)
      Tributary habitat in the 2004 UPA
    11-30-04 | Letter to the Region 
    11-30-04 | Comparison of Outcomes Between the 2000 and 2004 FCRPS Biological Opinions 
    09-09-04 | Highlights of the FCRPS Action Agencies' Updated Proposed Action 

     


    In February 2005, the National Wildlife Federation and several other parties asked the court to invalidate the 2004 FCRPS BiOp. In October 2005, US District Court Judge James Redden found the 2004 FCRPS BiOp invalid and remanded it to NOAA Fisheries.

     

    Judge Redden directed NOAA Fisheries to work with the sovereign parties (the federal action agencies - the U.S. Army Corps of Engineers, the Bureau of Reclamation, Bonneville Power Administration; the party tribes - including the Nez Perce Tribe, the Confederated Tribes and Bands of the Yakama Indians, of the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Kootenai Tribe of Idaho, the Confederated Tribes of the Colville Reservation, the Spokane Tribe of Indians; and the States of Oregon, Idaho, Washington and Montana) to develop a new BiOp within one year.

    Judge Redden asked that the collaborating parties provide quarterly status updates on their progress to correct the deficiencies he identified and "clarifying policy issues and reaching agreement or narrowing the areas of disagreement on scientific and technical information."

    2004 BiOp Court documents

    <><><><><>
    05-05-08 | Notice of completion of the remand
    12-07-07 | Judge Redden letter to parties prior to Dec. 12, 2007 status conference. Questions and concerns from the Court on the draft FCRPS BiOp.
    06-20-07 | Action agency submittal at status conference on 2004 FCRPS BiOp remand:
    • Structural and Operational Changes at FCRPS Dams to Improve Fish Survival
    05-21-07 | Federal action agencies' draft proposed action
    • Legal Wrapper
    • Hydro Action
    • Habitat Action
    • Hatchery Action
    • Harvest Action
    • Predator Control
    • Adaptive Management
    • Research, Monitoring and Evaluation
    • Biological Analysis Table of Contents
    • HYDSIM output: summary of flow effects
    • HYDSIM output: detailed report
    04-09-07 | Ninth Circuit Court ruling on appeal of 2004 FCRPS BiOp remand
    03-28-07 | Stipulation regarding the June 2007 status conference
    02-02-07 | Fifth Quarterly Status Update
    • Federal Defendants' Fifth Remand Report
    • Collaboration Update Legal Wrapper
    • Attachment 1
    • Attachment 2
    02-01-07 | Montana and the BPA Customer Groups' Response to NEF's Notice Regarding Injunction Proceedings
    • Filing
    01-09-07 | BPA and tribes agreement on 2007 operations
    • Agreement
    • Exhibits
    12-13-06 | Plaintiffs and DOJ report to Court
    • Status of discussions on 2007 operations
    12-12-06 | Judge Redden's order granting time extension
    • Fifth quarterly status report
    • Final FCRPS BiOp
    12-08-06 | Federal Defendants' Request for Time Extension
    • Extension of Time to Issue a new BiOp
    • Extension of Time to Produce fifth Quarterly Status Report
    10-03-06 | Fourth Quarterly Status Update
    • Federal Defendants' Fourth Remand Report
      • Collaboration Update Legal Wrapper
      • Attachment 1
      • Attachment 2
      • Attachment 3
    08-09-06 | Federal Defendants' Report on Power Rate Case
    • Cover letter to court
    • Report
    07-03-06 | Third Quarterly Status Update
    • Federal Defendants' Third Remand Report
      • Hydro Status Report Federal Wrapper
      • Attachment 1 - Status Report Calendar
      • Attachment 2 - Remand Hydro Key Issues
    04-04-06 | Second Quarterly Status Update
    • Federal Defendants' Second Remand Report
      • Exhibit A
      • Exhibit B
      • Exhibit C
    • Federal Defendants' Notice of Filing First Spill Implementation Report
      • Exhibit A
    • Federal Defendants' Notice of Withdrawal of Counsel
    01-03-06 | First Quarterly Status Report
    • Federal Defendants' First Remand Report
    • Collaboration Policy Working Group
    • Conceptual Framework for the Remand Process Including the Jeopardy Analysis
    • Conceptual Framework Diagram
    • Update on the Nature and Scope of the FCRPS Proposed Action
    • Remand Collaborative Process
    • Collaboration Process Record of Meetings 2005
    12-21-05 | Notice of Appeal
    10-07-05 | Opinion and Order of Remand
    09-28-05 | Defendant Response to Cross-Proposals for Remand Order
    09-20-05 | Court Documents Filed
    • Defendants' Proposal for Remand Order
    • Defendants' unapposed motion for entry of final judgement against National Marine Fisheries Service pursuant to rule 54(b) of Fed. R. Civ. P. and to stay any further litigation of the merits of the claims against the action agencies.
    • [Proposed] order granting defendants' unopposed motion for entry of final judgement against National Marine Fisheries Service pursuant to rule 54(b) of Fed. R. Civ. P. and to stay remaining claims
    • Declaration of Col. Gregg F. Martin, in support of remand proposal
    • Second declaration of D. Robert Lohn, in support of remand proposal
    • Second declaration of J. William McDonald, Regional Director, Pacific Northwest Region Bureau of Reclamation
    06-29-05 | Federal Agencies' Appeal for Emergency Stay
    • Notice of appeal to the Ninth Circuit Court on June 10, 2005 injunction order
    • Federal Brief to the Ninth Circuit Court of Appeals seeking emergency stay of the June 10, 2005, injunction order
    • 9th Circuit Order
    06-10-05 | Remand Order of the 2004 Biological Opinion
    05-26-05 | Federal Agencies' Declarations in Response to Request for Injunctive Relief
    • Summary of key regional impacts detailed in the declarations
    • Declaration of D. Robert Lohn, Regional Administrator of NMFS
    • Declaration of Paul A. Ocker, U.S. Army Corps of Engineers
    • Declaration of Rock Peters, U.S. Army Corps of Engineers
    • Declaration of David J. Ponganis, U.S. Army Corps of Engineers
    • Declaration of Gregory S. Graham, U.S. Army Corps of Engineers
    • Declaration of Roger Schiewe Bonneville Power Administration.

  • See 2004 FCRPS BiOp
    Link to NOAA Fisheries 2004 FCRPS BiOp . This takes you to an overview page on the consultation. Scroll down to download the BiOp.
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