Regional Ecosystem Office
333 SW 1st
P.O. Box 3623
Portland, Oregon 97208-3623
Phone: 503-808-2165 FAX: 503-808-2163

               Memorandum

Date:      February 5, 1999

To:          Intergovernmental Advisory Committee Members (See Distribution List)

From:      Donald R. Knowles, Executive Director

Subject:  February 1999 Intergovernmental Advisory Committee Meeting Notes

Enclosed are the notes from the February Intergovernmental Advisory Committee (IAC) meeting. The November 1998 meeting notes were certified as written.

Issue summaries are included for:

Public comment:

Hot Topics covered:

The next IAC meeting is scheduled for Thursday, May 6, in Portland, Oregon. Logistical information will be sent out in April. If you have questions or suggestions, please contact me at 503-808-2166, Linda Kucera at 503-808-2179, or your agency representative.

Enclosure

cc:
REO, RCERT, PAC DFOs, Jim Pipkin

1287/lk

Intergovernmental Advisory Committee Distribution List

California
Mark Stanley, California Resource Agency, State Representative (Acting)
Francie Sullivan, Representative of California Counties

Oregon
Paula Burgess, Assistant to the Governor for Natural Resources, Office of the Governor
Peter Green, Forest Policy Advisor, Office of the Governor (Alternate)
Rocky McVay, Representative of Oregon Counties

Washington
Craig Partridge, Federal Agency Liaison, State Representative
Harvey Wolden, Representative of Washington Counties

Tribes
Greg Blomstrom, Planning Forester, CA Indian Forest & Fire Management Council
Mel Moon, Commissioner, NW Indian Fisheries Commission
Jim Anderson, Executive Director, NW Indian Fisheries Commission (Alternate)
Katie Krueger, Environmental Policy Analyst, Quileute Tribe
Gary Morishima, Technical Advisor, Intertribal Timber Council
Guy McMinds, Executive Office Advisor, Quinault Indian Nation (Alternate)
Eric Hanson, Associate Director, Wildlife Department, Yakama Indian Nation (Alternate)

Federal Agencies
Anne Badgley, Regional Director, U.S. Fish & Wildlife Service
Cindy Barry, Assistant Regional Director, U.S. Fish & Wildlife Service (Alternate)
Michael Spear, California/Nevada Operations Office Manager, U.S. Fish & Wildlife Service
John Engbring, California/Nevada Operations Office, U.S. Fish & Wildlife Service
John D. Buffington, Western Region Chief Biologist, BRD, U.S. Geological Survey
Michael Collopy, Center Director, Biological Resources Division, U.S. Geological Survey (Alternate)
Ken Feigner, Director, Forest and Salmon Group, Environmental Protection Agency
Thomas J. Mills, Station Director, Forest Service, PNW
Thomas Murphy, Director, Environmental Research Laboratory, Environmental Protection Agency
Robert Lackey, Assoc. Director, Environmental Research Lab, Environmental Protection Agency (Alternate)
Bob Graham, State Conservationist, Natural Resources Conservation Service
Col. Robert T. Slusar, District Engineer, U.S. Army Corps of Engineers
Davis Moriuchi, Deputy District Commander, U.S. Corps of Engineers
Stan Speaks, Area Director, Portland Area Office, Bureau of Indian Affairs
Dave Renwald, Wildlife Biologist, Portland Area Office, Bureau of Indian Affairs (Alternate)
Ron Jaeger, Area Director, Sacramento Area Office, Bureau of Indian Affairs
William Stelle, Jr., Regional Administrator, National Marine Fisheries Service
Rick Applegate, Assistant Regional Administrator, National Marine Fisheries Service (Alternate)
William Hogarth, Acting Regional Administrator, National Marine Fisheries Service (Alternate)
William Walters, Deputy Regional Director, National Park Service
Jim Shevock, Associate Regional Director, National Park Service (Alternate)
Kathy Jope, Natural Resources Team Leader, National Park Service
Robert W. Williams, Regional Forester, USDA Forest Service, R-6
Brad Powell, Acting Regional Forester, USDA Forest Service, R-5 (Alternate)
Roberta Moltzen, Deputy Regional Forester, USDA Forest Service, R-5
John Larson, Acting Representative, USDA Forest Service, R-5
Elaine Zielinski, State Director, Oregon/Washington, Bureau of Land Management
Ed Hastey, State Director, California, Bureau of Land Management (Alternate)
Paul Roush, Wildlife Biologist, Bureau of Land Management, Arcata, CA

RCERT Ex Officio
Scott Duff, State Director, USDA Office of Rural Development Updated 2/5/99

Intergovernmental Advisory Committee (IAC)
Issue Summary
Meeting Date: February 5, 1999 Contacts: Garth Griffin 503-231-2005
Roy Hemmingway 503-378-3548
Craig Partridge 360-902-1028
Topic: Protecting and Restoring Salmon: Federal and State Discussion
Objectives:
  • Review Endangered Species Act listings of Pacific salmon. Preview NMFS' emerging efforts to tailor protective regulations (e.g., 4(d) Rules) and begin recovery planning for coastal Pacific salmon.
  • Describe current salmon conservation efforts by the States of Oregon and Washington.
Summary of Discussion:
  • NMFS has previously listed 15 distinct population segments (evolutionarily significant units or ESUs) of Pacific salmon as threatened or endangered, and final determinations for 13 additional ESUs are due in March 1999.
  • Garth Griffin described the expected shift in NMFS' efforts over the next 18 months, from the current emphasis on listing species and designating critical habitat to that of developing protective regulations; overseeing conservation efforts by State and Tribal co-managers; and developing de-listing criteria and multi-species recovery plans.
  • After providing background on Oregon's salmon conservation efforts and the Willamette Restoration Initiative, Roy Hemmingway provided an overview of Executive Order 99-01, which provides the framework and direction for state agencies to implement the Oregon Plan for Salmon and Watersheds (Oregon Plan) in a timely and effective manner.
  • In describing the key provisions of the EO, Roy emphasized that the Oregon Plan now applies to "all salmonids, all the time," not just listed or proposed coho salmon and steelhead. In addition to reviewing the EO, Roy summarized the components of the Oregon Plan itself, which include state agency actions, funding for local actions, monitoring, and scientific review.
  • As a follow-up to his remarks at the November 1998 IAC meeting, Craig Partridge provided a comprehensive review of Washington State's "Draft Statewide Strategy to Recover Salmon: Extinction is Not an Option," released on January 15, 1999.
  • In describing the three-level approach (statewide initiatives and responsibilities, regional initiatives, and local watershed management initiatives), Craig emphasized that the goal of the Washington strategy was to restore salmon, steelhead, and trout populations to healthy, harvestable levels by addressing the "four H" factors for salmon decline (i.e., habitat, harvest, hatcheries, and hydropower).
Follow-up Actions:
  • The REO was asked to work with IAC members to schedule one or more similar presentations of tribal salmon conservation efforts at the May IAC meeting.
  • The REO agreed to work with California IAC members to ensure the State of California has the opportunity to describe their salmon conservation efforts at a future IAC meeting.
  • Interest was also expressed in scheduling future agenda time on these same issues from a local perspective, perhaps by asking an association of counties, or watershed councils, or soil and water conservation districts, or all three, to share their observations and suggestions with IAC members.

ISSUE SUMMARY
Meeting Date: February 4, 1999 Agency Contact: Sue Zike 503-808-2257
Topic: Northwest Forest Plan Litigation Update
Background and Status: Sue provided an update on actions pursuant to the ONRC, et al., lawsuit filed in July 1998. While it is not clear exactly when further action will occur, it may be soon.
 

ISSUE SUMMARY
Meeting Date: February 4, 1999 REO Contact/Phone: Jay Watson 503-208-2178
Topic: Landscape Issues: Federal, State, Tribal and Private Links to the Northwest Forest Plan (NFP) via Habitat Conservation Plans (HCPs) and Sec. 4(d) of the Endangered Species Act
Objective: To provide an overview of HCPs and their relationship to other planning and activities taking place within the area of the NFP.
Summary of Discussion/IAC Actions: The Congressional intent of the HCP Program is to provide long-term commitments regarding the conservation of species. In return the permittee receives long-term assurances that further mitigation requirement will only be imposed in accordance with the terms of the plan. An approved plan contains a procedure by which the parties deal with unforseen circumstances. A "No Surprises" rule, finalized jointly by the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service in 1998, assures HCP permittees that the government will require no additional financial or land-based mitigation in addition to that agreed to in an approved HCP that is being properly implemented.

Adaptive management is being used to implement HCPs and is a process of linking management with monitoring within a research framework. It uses new information as it becomes available and adapts management to achieve desired results. Adaptive management bridges the gap from traditional single species management to multiple species ecosystem management. The FWS is trying to look at the entire landscape.

A HCP and Incidental Take Permit allow a landowner to legally proceed with an activity that would otherwise result in the illegal take of a listed species. Incidental take permits are required when non-Federal activities will result in "take" of threatened or endangered species. A HCP must accompany an application for an incidental take permit. The purpose of the permit is to authorize the incidental take of a listed species, not to authorize the activities that result in take.

HCPs must include a listed species and may also include proposed, candidate or other unlisted species. The plans must " . . . not appreciably reduce the likelihood of the survival of the species in the wild." Unlisted species are treated as if they were listed. HCPs are required when "take" will occur. The applicant is required to minimize and mitigate to the maximum extent possible and provide adequate funding for implementation of the HCP.

Activities that are proposed in HCPs can include timber harvest, agricultural uses, industrial, commercial, residential, or recreational development. HCPs range in size and duration and may involve a single species or multiple species. Participants in the HCPs include private land owners, state, and local governments and other non-Federal landowners.

The Secretarial Order on Native Americans and the Endangered Species Act (June 1997) stresses early involvement between applicants and affected tribes to identify treaty or trust resources and tribal strategies for protecting and restoring those resources. It also stresses incorporation of these strategies into the HCP.

If a species can sustain some relief to non-Federal land owners, then regulations (i.e., 4(d) Rules) are finalized relieving take prohibitions for threatened species. These regulations provide for the conservation of such species.

Follow-up Actions (who/what/when): Future meetings of the IAC may involve more detailed discussions involving HCPs and "take." There was an agreement that use of a specific example as to how HCPs are tiered to the NFP, and how conservation burdens are equitably distributed across various landowners, would be a useful future agenda topic.

Intergovernmental Advisory Committee (IAC)
Issue Summary
Meeting Date: February 4, 1999 Agency Contacts: Bill Kirchner 503-808-2171
Bevin Horn 206-553-1566
Jeff KenKnight 206-553-0225
Topic: The Clean Water Action Plan, and Safe Drinking Water Act
Objectives:
  • Review the Clean Water Act (CWA) and provide an overview of the Clean Water Action Plan (i.e., blueprint for addressing polluted runoff and restoring watersheds).
  • Describe Safe Drinking Water Act requirements relative to source water assessments for public drinking water supplies.
Summary of Discussion:
  • Under the CWA mission, EPA, in partnership with other agencies, is responsible for restoring, and maintaining the physical, chemical, and biological integrity of the nations waters.
  • The overall objective of the CWA is to provide "fishable, swimmable" waters, which is accomplished through both regulatory (e.g., 402 and 404 permits) and non-regulatory approaches (e.g., 319 voluntary implementation of "best management practices"). Section 401 of the CWA provides each state the authority to issue, waive, or deny water quality certifications for Federal permits and licenses. Water quality standards for our nations' waters include a designated use, a narrative standard addressing the chemical, physical, or biological components necessary to maintain the designated use and an "antidegradation " policy to protect the use.
  • The 1998 Clean Water Action Plan (CWA Plan) builds on the CWA programs and specifically provides a blueprint for action that is needed to address non-point pollution sources of water resources. Implementation of the Plan includes supporting locally lead partnerships, increasing financial and technical assistance to states and tribes responsible for sustaining and restoring aquatic resources on a watershed basis.
  • Similar to the Northwest Forest Plan, the CWA Plan relies on four basic tools: a watershed approach, strong standards, natural resource stewardship, and informed officials and citizens.
  • A specific Action item (i.e., #15) under the CWA Plan is "Drinking Water Assessments." The 1996 Safe Drinking Water Act requires each state to establish a "Source Water Assessment Program" and provide plans that outline program development and management and a public participation plan to EPA prior to February 6, 1999.
  • States will be looking for Federal land managing agencies to conduct their own assessments for Federally owned "public water systems" and may ask them to reexamine activities that occur on public lands to determine their impact on the quality of water as a source of drinking water.
  • For the Safe Drinking Water Act, EPA's role is to provide policy, programmatic guidance, and to approve programs in support of state efforts. Tribes, by law, are not required to conduct source water assessments, however, as a "Federal Trust" responsibility, EPA is committed to ensure that 40% of the tribal populations served by a "public water supply" will have source water assessments necessary to ensure safe drinking water.
Follow-up Actions: The REO agreed to inquire about a future planned event regarding the Clean Water Action Plan (i.e., the location of the event is Portland, OR with the Forest Service, R-6 tasked as the lead for the Federal agencies).

Intergovernmental Advisory Committee (IAC)

ISSUE SUMMARY
Meeting Date: February 4, 1999 REO Contact/Phone: G. S. Sims 503-808-2174
Topic: Joint IAC/PAC Meeting Planning
Objective: To obtain a number of decisions concerning the development of the joint IAC/PAC meeting later this year.
Summary of Discussion/IAC Actions: G. S. Sims reviewed the November 1998 IAC meeting discussion concerning the proposed joint IAC/PAC meeting. Those items included initial identification of the general purpose, and some hopeful outcomes, of the joint meeting. A summary of the February 3 DFO conference call informed the IAC members that there was strong agreement among the DFOs (nine of 12 participated in the call) that a November date for the joint meeting would be preferable to the initially proposed August date. Further, the DFOs stressed the need to identify the expected cost for the meeting logistics (facilities, equipment, etc.) and anticipated non-Federal (reimbursable) travel expenses, especially if the intent is to invite all PAC members to participate. It is hoped by the PAC DFOs that the joint meeting can be cost-shared by all the participating agencies, at the regional level. Finally the recommendation to authorize a Steering Committee to develop the agenda and plan the meeting was presented to the IAC.
IAC Agreements:
  1. It was agreed to hold the joint meeting during the scheduled IAC meeting time in November. The meeting will be scheduled for 1½ - 2 days.
  2. It was agreed that a Steering Committee should be formed to develop the agenda and meeting plans. Membership for the committee was described in the January 25 prework material. IAC participation is encouraged. Mark Stanley (State of California Representative) volunteered to participate on the committee.
  3. The Steering Committee should develop budget/cost estimates for the joint meeting as soon as possible.
    4.  
  4. The Steering Committee should report results to the RIEC at its April meeting.
  5. In addition to the guidance provided during the November meeting, and reflected in the meeting notes, the following ideas were shared:
    1. The purpose of the meeting, and the outcomes expected, should be clearly articulated.
    2. Some thought should be given by the Steering Committee to having the PACs participate in the joint meeting in "self-selected" representative groups (say five members per PAC) in order to help hold down the costs of the meeting.
    3. Meeting participation by the PACs should be balanced. (There is some concern that those PACs geographically closest to the meeting site will have much larger participation than those committees from farther away. This could lead to inadvertently misleading the meeting participants about the views of the PACs from across the region).
    4. Developments in the meeting agenda and other plans for the joint meeting should be shared with all the PACs frequently in order to ensure (to the extent possible) that all the PAC points of view are represented.
RIEC Decision:
  1. The meeting should be moved to November.
  2. The Steering Committee should be formed as described in the November meeting notes.
  3. The REO will coordinate the Steering Committee activities and report to the RIEC.
Follow-up Actions (who/what/where/when):
  1. The REO, working with Forest Service, R6 Public Affairs and Mark Stanley (IAC State of California Representative) will form a Steering Committee to develop the joint meeting agenda.
  2. Forest Service, R6 Public Affairs, will coordinate with the 12 PAC DFOs to get travel/per diem estimates for non-Federal member participation in the meeting.
  3. Forest Service, R6 Public Affairs, will coordinate with the 12 PAC DFOs to get preliminary estimates on how many members would be expected to attend the joint meeting, if it was open to anyone interested in attending.
  4. Initial joint meeting draft agenda and meeting plans will be shared with all the DFOs, and any others expressing an interest, in order to get as much participation in review and comment as possible.
  5. The REO will report progress to the RIEC at its April meeting.
 

Future IAC Meeting Planning

Possible May 6, 1999 IAC Agenda Topics

Possible May 6, 1999 IAC Status Reports

Potential Future IAC Topics

Potential Future Status Reports

February 4, 1998 IAC Meeting Handouts

Overheads:
Overview of NMFS Listing Actions, Take Prohibitions, and Recovery Planning Strategy
Habitat Conservation Plan
Improving Water Quality

Handouts:
1972 Federal Water Pollution Control Act
Activity Information Sharing Notebook--November 1998
Adaptive Management Areas Review update--November 1998
Clean Water Initiative . . . Federal Multi-Agency Source Water Agreement, Dated January 1999
Clean Water Action Plan: Restoring and Protecting American's Waters, Dated February 1998
Correspondence of Interest-Available for requests
Draft Statewide Strategy to Recover Salmon "Extinction is Not an Option," Dated January 1999
Forest Water Alliance -- People Working for Healthy Watersheds
FY 1997 Implementation Monitoring Program Final Report, Dated November 6, 1998
Habitat Conservation Plans -- The Quiet Revolution (FWS/NMFS)
Habitat Conservation Plans & the Incidental Take Permitting Process, U.S. Fish & Wildlife Service
IAC Identification List
IAC Meeting Goals
IAC November Meeting Notes
IAC February Meeting Agenda
IAC February Prework Package
IAC Telephone Directory
IAC Future Meeting Planning Topics/Status Reports
Memo from George Frampton, CEQ, Filling the REO Executive Director Position, Dated January 1999
Memo from OR Dept of Fisheries & Wildlife, Analyze the Demographic Data on Species, Dated December 1998
Oregon Plan for Salmon & Watersheds, Executive Order No. EO 99-01, Office of the Governor, State of Oregon
Oregon Business Council, Organizing our Efforts to Restore Salmon & Watershed, Dated August 1998
Organizational Chart NFP
PIEC Identification List
Potential REO/RIEC NFP FY 1998 Accomplishment Goals--January 26, 1998
REO Telephone Directory
REO Functional Statement Packet
Research Proposal Cover Sheet -- Socio-Economic Effectiveness Monitoring Plan, Dated January 1999
RIEC & IAC Meeting Dates for 1999
RIEC Identification List
Signed MOU For Forest Ecosystem Management, Dated October 19, 1998
The Northwest Forest Plan Revisited, Dated September 1998 (Pipkin report)

Publications available on request:
EA To change the implementation schedule for Survey&Manage and Protection Buffer Species-December 1998
Effectiveness Monitoring Report-Final-August 7, 1997
Record of Decision (ROD)
Species Information, Addendum to Appendix B-February 1997 (draft)
Strategic Research Plan to Support Implementation of the NFP-January 20 1998 - Draft
Survey and Manage Protocol for Fungi (Bridgeoporus nobilissimus)--May 1998
Survey and Manage Protocol for Bryophytes--October 1996
Survey and Manage Protocol for Lichens--March 1998
Survey and Manage Protocol for Aquatic & Terrestrial Mollusk-October 1997(8)
Survey and Manage Protocol for Fungi--September 1997
The Northwest Forest Plan-A Report to the President & Congress (Tuchmann Report) -December 1996
WA Guide-Riparian Reserve Evaluation Techniques and Synthesis Module-February 1997 (draft)
WA Guide-Section I-August, 1995
WA Guide-Section II (Modules)-November 1, 1995 and Module Update October 16, 1997

 
* Intergovernmental Advisory Committee Meeting * February 4, 1999 * Attendance List *
* Intergovernmental Advisory Committee and Alternates *
Name Title Agency
Applegate, Rick Assistant Regional Administrator National Marine Fisheries Service
Barry, Cindy Assistant Regional Director U.S. Fish & Wildlife Service
Blomstrom, Greg Forest Planner CA Indian Forest & Fire Mgmt. Council
Buffington, Doug Western Region Chief Biologist USGS Biological Resources Division
Duff, Scott RCERT -- Ex Officio USDA Office of Rural Development
Feigner, Ken Director, Forest & Salmon Group Environmental Protection Agency
Green, Peter State Representative State of Oregon
Holmes-Gaar, Elizabeth Assistant Regional Administrator National Marine Fisheries Service
Moon, Mel Commissioner NW Indian Fisheries Commission
Morishima, Gary Technical Advisor Intertribal Timber Council
Murphy, Tom Director, Envir. Research Lab Environmental Protection Agency
Partridge, Craig State Representative State of Washington
Shevock, Jim Assoc. Regional Director National Park Service
Slusar, Robert Col. District Engineer U.S. Army Corps of Engineers
Stanley, Mark State Representative Resources Agency, State of California
Stormer, Fred Deputy Station Director Forest Service, PNW
Sullivan, Francie Representative of CA Counties State of California Counties
Vigil, C.R. Jr. Deputy State Conservationist Natural Resources Conservation Service
Whistler, Alex Forester Bureau of Indian Affairs
Williams, Bob Regional Forester Forest Service, R-6
Wolden, Harvey Representative for WA Counties State of Washington Counties
Zielinski, Elaine State Director Bureau of Land Management, OR/WA
Regional Ecosystem Office
Belisle, Harold Representative Bureau of Land Management
Beahan, Irene Acting Administrative Officer Forest Service
Benson, Gary Research Forest Service, PNW
Bracken, Jacque Receptionist Forest Service
Busch, Dave Monitoring USGS Biological Resources Division
Erwert, Ginger Acting Administrative Officer Forest Service
Guenther, Dale GIS Administer Forest Service
Knowles, Don (DFO) Executive Director Regional Ecosystem Office
Kirchner, Bill Representative Environmental Protection Agency
Loop, Curt Representative U.S. Army Corps of Engineers
Kucera, Linda Staff Assistant U.S. Fish & Wildlife Service
McKenzie, Dan Research & Monitoring Leader Environmental Protection Agency Research
Milestone, Jim Representative National Park Service
Mohoric, Shawne Acting Representative Forest Service
Sims, Gary Representative Bureau of Indian Affairs
Tehan, Mike Representative National Marine Fisheries Service
Watson, Jay Representative U.S. Fish & Wildlife Service
Ystad, Laurie Secretary Forest Service

* Other Attendees *

Bradley, Bill Forestry Chief Bureau of Land Management
Clark, Lance   OR Dept of Forestry
Collopy, Mike Director USGS Biological Resources Division
Cox, Greg S&M EIS Team Forest Service
Crouse, Mike   Bureau of Land Management
Davies, Bruce   NW Indian Fish Commission
Engbring, John   U.S. Fish & Wildlife Service
Finn, Vicki IAC Agenda U.S. Fish & Wildlife Service
Griffin, Garth IAC Agenda National Marine Fisheries
Hemmingway, Roy IAC Agenda OR Office of the Governor
Larson, John R5 Representative Forest Service
Martinson, Sheila Regional Geneticist Forest Service
Moltzen, Roberta Deputy Regional Forester Forest Service, R5
Motanic, Don   Intertribal Timber Council
Pipkin, Jim   USDI
Siebert, Al Ph.D.   SW Oregon PIEC: Contract Facilitator
Smith, Shandra Public Affairs Forest Service
Turner, Bob   National Marine Fisheries
Zike, Sue Attorney Forest Service