"It does not require a majority to prevail, 
but rather an irate, tireless minority keen to set brush fires in people's minds."
 --Samuel Adams - Leader in our Fight for Independence

 

National Academy of Science Review

 

 

 

Reality vs. Myth

 

 

 

ESA
The Green God 

 

Facts v.s. Fiction

Bad Science - Bad Government - Bad Deal for Farmers

On June 16th, biologist David A. Vogel testified before the House Committee on Resources Oversight Field Hearing on "Water Management and Endangered Species Issues in the Klamath Basin." Mr. Vogel, a fisheries scientist for the past 26 years, worked 15 of those years for the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). During his tenure with the federal government, he received numerous superior and outstanding achievement awards and commendations, including Fisheries Management Biologist of the Year Award for six western states.

The Klamath farm situation is an "artificially created regulatory crisis that has been imposed on the Upper Klamath basin," Vogel pointed out. "In my entire professional career," he said, "I have never been involved in a decision-making process that was as closed, segregated, and poor as we now have in the Klamath basin. The constructive science-based processes I have been involved in elsewhere have involved an honest and open dialogue among people having scientific expertise. Hypotheses are developed, then rigorously tested against empirical evidence. None of those elements of good science characterize the decision-making process for the Klamath Project."

A comprehensive survey of the research on the suckers shows that the original "endangered" listing of the species in 1988 was as flawed and fraudulent as the 2001 decision to cut off irrigation water. Vogel found that "the information used by the USFWS to list the two sucker species as endangered in 1988 under the Endangered Species Act (ESA) is now very much in question. The USFWS so selectively reported the available information that it can only be considered a distorted view of information available to the agency at that time." In other words, the USFWS fudged from the beginning, using the suckers as a pretext to justify regulatory control of the Klamath Basin. Vogel testified:

Surveys performed just after the sucker listing found substantial populations of suckers in Clear Lake (reported as "common") exhibiting a biologically desirable diverse age distribution. Within California, the USFWS surveyors considered populations of both species as "relatively abundant, particularly shortnose, and exist in mixed age populations, indicating successful reproduction."

After citing much other data showing that the suckers are really doing quite well, Vogel then showed that, if the fish were truly endangered, the USFWS plan for recovery would be completely wrong-headed anyway. He noted that "it is evident the sucker populations do not experience a population-limiting condition from lower lake elevations as incorrectly postulated by the USFWS. In fact, one of the strongest year classes of suckers occurred during a drought year in 1991 when lake levels were lower than average."

In fact, the federal policy in Klamath is almost certainly hurting the suckers as well as the farmers. "This measure of artificially maintaining higher-than-historical lake elevations is likely to be detrimental, not beneficial, for sucker populations," Vogel testified. Fred Fleck, a retired fish biologist who conducted fish studies on the Klamath as far back as 1946, explained to this reporter why that is. "Suckers are warm water fish that thrive when the water is low and warm," he said. "They don’t do as well in cold water, so to say they need more water, deeper water is ridiculous. I don’t believe the USFWS biologists can really believe that. This is obviously politics at work here, not science."

The USFWS biological opinion on the suckers that forms the basis of the destructive Klamath policy has also come under criticism from Dr. Alex Horn, professor of limnology at the University of California at Berkeley. And an Oregon State University (OSU) assessment of USFWS biological opinion said the opinion was comprised of "illogical conclusions," "inconsistent and contradictory statements," and "factual inaccuracies and rampant speculation." The OSU review also stated that the document had the potential to severely damage the public credibility of the USFWS.

The "threatened" Coho salmon pretext is equally preposterous. Many Oregonians were astonished and outraged last year when it was revealed that state workers were clubbing to death tens of thousands of the "threatened" Coho. A video of the slaughter was obtained by Oregonians In Action (OIA) and run as a television commercial. While the video scenes showed Oregon state employees netting and clubbing Coho and chopping the heads off the fish, the OIA narration indignantly explained:

Oregon taxpayers laid out $47 million to operate these hatcheries, but the government slaughters the fish and then sells the carcasses for cat food and the salmon eggs for fish bait! Politicians have spent hundreds of millions of dollars trying to bring the salmon back, but it’s been a miserable failure. It’s time ordinary Oregonians start to examine the scientific facts.

And the scientific facts are, says biologist Fred Fleck, that we had a much higher than average Coho run, in spite of the state sponsored slaughter. "There are other factors adversely affecting the Coho and other salmon that the environmental extremists don’t want to look at," he says. "Such as the huge number of protected sea lions and harbor seals that are taking an enormous predation toll on all of the salmon. Also, the federal government is allowing foreign fishing fleets to take massive salmon catches off our coast. These and other factors are having a much, much greater impact on salmon than the Klamath farmers. The farmers are just being made the scapegoats."

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NAS/NRC COMMITTEE TO REVIEW SUCKER SCIENCE

This is the way the most significant water and property rights battle in the nation is now shaping up:

After raising the most significant national attention ever generated on the seizure of water and property rights, the folks in the Klamath Basin are about be ambushed by the Bush Administration. Sec. of Interior Gale Norton has handed off scientific review of the near-fraudulent USFWS Biological Opinion and Hardy Flow studies to the National Academy of Sciences (NAS) which in turn has handed the review off to the National Research Council (NRC).

The NRC has consistently endorsed science that is patently ideological and has not met the high standards of impartiality necessary to the science upon which public policy is based. A look at the panel makeup shows that this review committee will be no exception. Simply put, the scientific review panel is set up to provide a scientific smoke screen by which the farmers and ranchers in the Klamath Basin will have their water seized, their land de-valued and their Constitutional rights violated. This smoke screen will provide a convenient excuse for the Bush Administration and Congress to wash their hands of the problem and say there is nothing they can do in the face of "peer review." Everyone will wring their hands and say they tried, but what can they do in the face of "overwhelming" scientific evidence? Never mind that this is committee only perpetuates the fraud.

We cannot allow such a devious fatal blow to property rights in this country to be dealt with so little fanfare as is being focused on these hearings!

The only hope for the Klamath Basin farmers is to expose this panel for the sham that it is. Let the National Academy of Sciences know that you will not allow this to happen without raising every bit of ruckus you can. Notify everyone you can that these hearings will be taking place in Sacramento beginning on Tuesday, Nov. 6 in Sacramento, CA.

Felice Pace and Glen Spain of the two organizations that brought suit to seize the farmers' water will be speaking that day. Let them know we are still watching and won't stand for them doing their dirty work in the dark of such obscure bureaucratic functions. These panels are where they do their most devious damage and we have allowed them to go virtually unchallenged.

This panel will irrevocably set in motion the apparatus by which this national disgrace will become a national tragedy. Don't let this happen without a fight!

Ric Costales, President, Pacific Region Frontiers of Freedom-People for the USA

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Update 2/6/02

Despite the possibilities expressed in the previous article, the NAS released a favorable interim report on 2/6/02.  For more info go to the Klamath Basin timeline

~~~~~~~~~~~~~~~~~

KLAMATH BASIN REALITIES vs. ENVIRO MYTHS Strange how the facts keep being different than what the agencies provide.

In the Portland, OR Oregonian on March 15, 2001, reporter Beth Quinn quotes Wendell Wood of the ONRC as saying, "Wildlife officials worry that Upper Klamath Lake's suckers may already be doomed following fish kills in 1995, 1996, and 1997 that wiped out 90% of the adult fish."

* Reality #1: In 1970 the number of Lost River suckers was "unknown." The number of Shortnose suckers was "very rare". (Bond, C. E. August 12, 1970 in a letter to Clinton Lostetter, Bureau of Sport Fisheries and Wildlife regarding the Lost River Sucker)

* Reality #2: In 1976 there were 94,000 Lost River suckers and 252,000 Shortnose suckers. In 1997 there were 46,000 Lost River suckers and 146,000 Shortnose suckers. (Official ODFW estimates)

Factually, if we don't know how many suckers there were in 1970 how can it be said that suckers are "doomed" or 90% were "wiped out"? Rationally, it would appear that there was at least a very significant increase in numbers during that period.

Examining lake levels for the years '92,' 94 '95, '96 and '97 we find the following:

Year Min Lake Elev

1992 4137.37 No fish kills

1994 4136.79 No fish kills

1995 4138.60 Fish kills

1996 4138.72 Fish kills

1997 4140.10 Fish kills

(Source: US Bureau of Reclamation)

Please notice that the higher lake levels in '95, '96, and '97 produced fish kills whereas the lower lake levels in '92 and '94 did not. Also notice that the lake level in '97 was almost 1 1/2 feet higher than in '96 and there were fewer fish reported in '97 by the Fish and Wildlife Service.

* Reality #3: Higher lake levels produce fish kills. Heavy algae blooms reduce oxygen levels at the bottom of the lake where we find sucker habitat. Higher lake levels prevent winds and currents from "turning over" lake water. Simply and factually, higher lake levels endanger the suckers.

Steve Lewis is the biologist who gave the biological opinion for the US Fish and Wildlife Service recommending that the minimum lake level be raised to its highest level in history.

* Reality #4: Mr. Lewis, while handing down the opinion, was the Commodore of the Klamath Yacht Club. In late summer when the lake levels drop, yachtsmen must take their boats out of the water because their keels are in the mud. Mr. Lewis owns a boat on Upper Klamath Lake. Is Mr. Lewis protecting the sucker, or is Mr. Lewis protecting himself and his real love, boating?

* Reality #6: Shutting off water to 225,000 acres of farmland plus hundreds of miles of ditches plus the Tulelake National Wildlife Refuge, an entire ecosystem is being destroyed. Habitat for ducks and geese, deer and antelope, muskrats, birds, insects and a myriad of other wildlife is destroyed or severely limited.

In a full page ad in the Herald and News on April 10, 2001, subscribed to by; The Pacific Coast Federation of Fisherman's Assoc., California Council of Trout Unlimited, Salmonid Restoration Federation, Northern California Assoc. of River Guides, Waterwatch, The Wilderness Society, Klamath Forest Alliance, and the ONRC we find the following: "Each year the Federal government provides billions of dollars in assistance to farmers who suffer from drought, other natural disasters or from global market forces beyond their control." ----"We also support the efforts to enhance water supplies and storage, so long as the environment is not further compromised in the process"

* Reality #7: Grain is the only crop subsidized in the Klamath Basin and only a small part of that. In 1989 we had a microburst pass through Merrill,OR. We personally lost between $300,000 and $400.000. We received $20,000 in government aid . a far cry from the billions asserted by the environmentalists.

The environmentalist's campaign of mistruths and downright lies have painted a picture that Klamath Lake is "nearly dry." The misinformed public, without understanding the reality, is led to believe that Klamath Basin agriculture is responsible for an environmental disaster.

* Reality #8: The lake elevation today is at 4143.09. In only 3 years since 1991 has the lake elevation been higher. In 1996 and 2000 it was 0.08 feet higher than today. In 1995 it was 0.12 feet higher. Recall that high lake levels in '95, '96, and '97 produced the significant fish kills.

With proper management we can have a normal irrigation season and protect our natural environment. Wild-eyed hysterical claims of pending environmental disaster are predicated upon fiction. Careful management is based upon reality.

I hope this information will clarify the misinformation that has been given to the public.

Dick Carleton Dcarl@aol.com (Dick Carleton is a retired educator who operates a family farm near Merrill, Oregon)

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ESA, The Green God

1400 Klamath Basin farm families are the latest human sacrifice demanded by the green god, ESA The same worshippers of the deep ecology cult that deified the spotted owl, have now thrown more victims into ESAs grinning maw by pleading for the demi-gods, sucker fish and coho salmon, in federal court. The judge, an acolyte at the same altars as these ecologists, stripped away the water rights, the livelihoods and the dignity of these once independent farmers by ordering ever willing federal water regulators to shut off the lifeblood of their farms - irrigation water - and reserve that water for the objects of their cult worship, the salmon and the suckers.

So the farmers organized a bucket brigade, that old symbol of community effort in crisis, to symbolize their resistance to this assault on their rights and their lifestyle. Their refusal to throw themselves on ESA’s altar galvanized the attention of freedom fighters everywhere and may have caused the main stream media and politicians some concern about how to ignore this newest outbreak of freedom. Nevertheless the brigade’s buckets of pride did not settle the dust in the irrigation canals or move the bureacrats in Washington - old administration or new.

Driven by need and anger, a few farmers in true Boston Tea Party spirit violated the federal temple at the headgates and released the waters to the thirsty canals. Not for long though. The gates of the temple are now closed and watched by temple guards - federal park police.

Still refusing to be sacrificed these yeoman farmers, like those who made up the grit and backbone of revolutionary America, have kept their vigil at the gates. It is now a question of who is under siege - the farmers or the temple guards.

An irrigation pump has been set up to pump water from Tule lake into the canals as a symbol of their refusal to surrender. Heroes have stepped up to set up and man that pump, facing down local and federal police. There is word that a much bigger pump will be set up - for the resistance continues. And the call still goes out for HELP. Help us all you love freedom. Spread the word and send help.

And we will. The Klamath Basin has become Concord Bridge in the never -ending struggle against tyranny that Americans have carried forward since they first stepped ashore on Plymouth Rock. We will, for we must, shake off our self-centered indifference and fill the ranks of that bucket brigade until it reaches clear across the continent and pours out a new spirit and a new will in the jaded halls and chambers on Captol Hill.

by Gary Hall

Click here for more info on Bucket Brigade  or go to http://www.klamathbasincrisis.org

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