Whistleblower Points to Illegal Klamath Water Decision

Environmental News Service ^ | 10/28/2002

[cogitator]

Whistleblower Points to Illegal Klamath Water Decision

WASHINGTON, DC, October 28, 2002 (ENS) - Documents filed by a federal whistleblower charge that the scientific determination of water levels needed to support threatened coho salmon in the Klamath River was changed without any biological analysis.

That change would violate the Endangered Species Act, according to Public Employees for Environmental Responsibility (PEER), a group that has posted the documents on its website. The documents were part of a whistleblower disclosure filed today by National Marine Fisheries Service (NMFS) fisheries biologist Michael Kelly with the U.S. Office of Special Counsel.

The conclusion of a draft biological opinion prepared by a NMFS team in April 2002 was altered at the behest of Bureau of Reclamation officials, Kelly charges. The alterations lowered the minimal instream flow levels below what the fisheries scientists believed necessary for the survival of coho salmon in the Klamath River. Coho salmon are classified as a threatened species under the Endangered Species Act.

According to Kelly's disclosure, the changes were undertaken without any of the required biological analyses and directly contrary to the legal duty to use "the best available science." Recommended flows were cut by almost one half, with the balance expected to be addressed by the formation of a "multi-agency task force/working group."

"Political pressure perverted the process, producing a biologically unsupported decision," stated California PEER director Karen Schambach. "The actions of the top officials in both NMFS and the Bureau of Reclamation can only be called a violation of the public trust."

Kelly had served as the technical lead on the team developing the recommended flows, but requested to be relieved of the position once it became clear the team was being ordered to accept the Bureau of Reclamation's changes.

"The idea that politics would ride roughshod over sound science is insulting to every American," commented Senator John Kerry, the Massachusetts Democrat who chairs the Senate's Oceans and Fisheries Subcommittee.

"Citizens need to know that government is accountable to their interests, not ideological agendas. What Michael Kelly says happened regarding the Klamath River has shaken that pillar of the system," Kerry added. "He has shown the courage of his convictions - he's a hero, but I fear that like too many whistleblowers he's going to be under even greater pressure from the politicos who didn't want him to tell the truth in the first place. I'll be watching to make sure he's not punished for his act of courage, just as we'll monitor the NOAA investigation to ensure these allegations are explored and there's accountability for citizens."

Under the Whistleblower Protection Act, if the Office of Special Counsel determines that Kelly's disclosure has a "substantial likelihood" of demonstrating violations of law, abuse of authority or gross mismanagement, it will oversee an investigation into the charges.

"These are alarming allegations that require a full investigation before a congressional panel," said Representative Mike Thompson, a California Democrat. "If true, the administration must be held fully responsible. We are six months into the administration's 10 year water plan and the result is over 30,000 dead salmon. This catastrophe has cost California's North Coast communities at least $4 million in damages this year, and is expected to cost tens of millions for years to come."

A narrative of Michael Kelly's report is posted at: http://www.peer.org/kellynarrative.pdf

[cogitator]

Yet another example of what happens when the Federal government works against landowners rather than for them.

[meenie]

A bureaucratic dictatorship has very little respect for property rights.

[cksharks]

You had best reread the article very carefully. That guy wanted more water to be released for the socalled endangerd salmon. That means less water for farmers.

[trebb]

He means they need to do another "scientific" study like the Lynx one to prove that the fish need more water - like how dare they say the farmers can get more water...

[mrsmith]

ENS: "All the propaganda, all the time"_{TM (ENS)}.

http://www.austin360.com/aas/news/ap/ap_story.html/National/AP.V9789.AP-Klamath-Salmon.html

"...Kelly's supervisor, Jim Lecky, acknowledged Saturday that ``there is interest all the way up to the White House ... but there wasn't pressure to do anything that wasn't supported by all the available science.''

Lecky said he is satisfied the review team followed proper procedures.

Kelly alleges the final plan won't provide sufficient water for threatened coho salmon ``until the ninth year of the 10-year plan,'' which he said jeopardizes the species' ability to survive. Recommended flows were cut by 43 percent; the final plan addresses the shortfall by promising creation of a multi-agency task force to find more water.

The reduced level was based on a study by a division of the National Academy of Sciences. The Interior Department trimmed the river's flow based on that study, reversing its decision to cut off irrigation water to Klamath Basin farmers two summers ago to safeguard threatened and endangered fish.

Kelly objected to basing NMFS' report on that outside study; Lecky said he was satisfied with it. "

[Free the USA]

http://www.freerepublic.com/perl/bump-list

[VRWC_minion]

and the result is over 30,000 dead salmon.

Who counts them ? How many are natural ?

[lepton]

ummmm. Except that the original levels set didn't follow guidelines for determining proper levels either - so legally they were non-existent.

[lepton]

no one counted them, so there was nothing to base the original regs on.

[cogitator]

Thanks for that information. The interpretation will probably hinge on whether what the NAS did constitutes a "biological analysis".

[GoldMan]

and the result is over 30,000 dead salmon.
Who counts them ? How many are natural ?

Don't they die anyway after swimming up the klamath and spawning? Perhaps 30,000 made the trek, spawned, and died.

[GoldMan]

and the result is over 30,000 dead salmon.
Who counts them ? How many are natural ?

Don't they die anyway after swimming up the klamath and spawning? Perhaps 30,000 made the trek, spawned, and died.

[madfly]

ping

[Eustace]

Watch this become a matter of National Security.

[ffrancone]

IT'S 7 DAYS UNTIL THE ELECTION.

WILL IT STILL BE HER SENATE?

GOOD INTENTIONS DON'T WIN ELECTIONS.
ACTION DOES. ACT TODAY.

TakeBackCongress.org

A resource for conservatives who want a Republican majority in the Senate

[EBUCK]

Did I read this right...the BoR actually tried to avoid cutting the farmers off by lowering the "bar" under which the fish would die?

EBUCK

[Carry_Okie]

The saddest part about this story is that the salmon may have been killed by water releases from the dams at the behest of these very bureaucrats. It would seem that they are trying to destory this fishery as well as the farmers, and then discover their "mistake" after the farmers are gone.

[Arthur Wildfire! March]

Regardless of the motivation, the law is the law. If these jokers can't even respect their own laws and imposed their will illegally on people, guess what? I would say there is a potential lawsuit here.

[Carry_Okie]

No, it's worse. The BoR thinks that the fish need more summer water and happen to be totally wrong. It may have been excessive water flow released from dams that brought the fish into the river to die.

[AuntB]

Where do I know that name, Michael Kelly from????? This is a bunch of balderdash.