NOAA Fisheries released a final BiOp on May 5, 2008, on the operations and routine maintenance of the Bureau of Reclamation's 12 federal dams in the Upper Snake River basin. The BiOp responds to a judicial ruling and remand in June 2006 ordering that the federal agencies complete a comprehensive analysis of the combined effects of the Upper Snake projects and the FCRPS projects on listed salmon and steelhead.

The Upper Snake proposed action adjusts the timing of flow augmentation from the Upper Snake projects, based on the latest scientific information, to better meet the needs of listed fish. The analysis combines the effects of the proposed action with the proposed actions for the FCRPS and adds the effects to the environmental baseline and cumulative effects, as required by the remand order.

The BiOp concludes that the Upper Snake proposed action, taken together with all the other actions, will not cause jeopardy to any of the listed species. When considered along with the other components of the Nez Perce settlement, NOAA concludes these actions provide an adequate potential for recovery.

Previous Upper Snake River BiOps

In November 2004, Reclamation submitted a biological assessment to NOAA Fisheries and US Fish and Wildlife Service for operations and maintenance actions at the Upper Snake River projects. The biological assessment, prepared in compliance with Section 7(a)(2) of the Endangered Species Act, evaluated and described potential effects of the actions on endangered or threatened species. The proposed operations also include providing water for salmon flow augmentation by acquiring or leasing water from willing sellers and lessors in accordance with State law.

In 2005, Reclamation received BiOps from NOAA Fisheries and the U.S. Fish and Wildlife Service addressing future operations and routine maintenance at the Upper Snake projects through the year 2035.