Testimony to the Federal Energy Regulatory Commission (FERC)
February 11, 2004
Washington D.C.
Jeff Koenings, Director,
Washington State Department of Fish and Wildlife

Good morning Mr. Chairman and Commission members. I am Dr. Jeff Koenings, Director of the Washington Department of Fish and Wildlife. I am very pleased to support the proposals by Chelan and Douglas Public Utility Districts (PUDs) to amend their licenses to incorporate the HCP Agreements.

My agency, as well as others, have been fully involved in the development of the HCP Agreements, representing the successful culmination of over 20 years of effort to resolve salmon and steelhead passage issues at Wells, Rocky Reach and Rock Island dams. There is much to support in these agreements. For example:

1. They achieve the Washington State No Net Impact standards, which go beyond federal ESA requirements by providing 100% mitigation for the effects of these dams on all salmon and steelhead, not just ESA-listed species.

2. They rely on Adaptive Management principles for achieving performance measures, thereby allowing flexibility for resolving unanticipated future problems thru application of best available science. All Parties have an active role in the Adaptive Management process.

3. They are "outcome based". The PUDs operate and improve their dams to meet explicit performance standards, while the fish and wildlife agencies monitor survival and productivity of affected salmon and steelhead populations. With this approach Fish and wildlife biologists do not have to become hydroelectric dam experts, second-guessing decisions made by the PUDs.

4. The HCP Agreements are also consistent with efforts to improve salmonid survival at other Federally-operated dams in the Columbia. We believe that these Agreements, because they meet our No Net Impact standards and include explicit performance measures, create some of the highest standards in the Columbia River Basin.

Two PUD actions during our negotiations deserve particular mention. The Chelan PUD is to be congratulated for their aggressive actions to install a new juvenile bypass system at Rocky Reach Dam, demonstrating their determination to achieve performance standards without delay. Similarly, Douglas PUD deserves plaudits for consistently achieving performance standards in recent years through operational measures, such as spill, even in low water years such as 2001 when those measures were extremely costly.

Finally, These HCP Agreements are a powerful testament to the value of settlements and negotiated outcomes. The fisheries and power issues we have resolved in these agreements are extraordinarily complex and have a tremendous importance to the region. We are fortunate that the Parties had the time and resources

to engage in the prolonged process of settlement. We believe that settlements create problem-solving relationships, lead to more lasting solutions, have local buy-in, and do the best job of protecting resource interests.

The Commission should act now to amend the licenses. From the fish's perspective, we are well positioned to take advantage of the recent rise in salmon population. This means that the actions within the HCPs will more quickly aid salmon recovery. For citizens of the Northwest, expedited salmon recovery will translate into economic benefits through reductions in ESA constraints and increases in fishing opportunities.

My agency is ready and eager to now move from negotiation to implementation, which may begin as early as this April and we ask that you give us the green light to do so. The salmon and the citizens of the Northwest will both benefit from your full consideration of this request.

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