A Working Draft FPAC Charter, 20 February 2018

Prelude/History:

The FPAC group existed prior to the establishment of any umbrella organization, eg., the Columbia Basin Fish and Wildlife Authority or its predecessor the Columbia River Fisheries Council. The original predecessor of FPAC was the Fisheries Technical Committee and was formed in the mid-1970s. In 1978 the CRITFC sent staff to participate in the Committee, which was the first participation of the tribes in the Fish Technical Committee. The Fisheries Technical Committee was a volunteer organization of state and federal fishery agencies. Participation was voluntary. The fishery management agencies met once a month to collaborate and coordinate on issues and actions that affected their overlapping jurisdictions. This voluntary group shared technical analyses and information and often combined their technical efforts on issues of mutual concern, such as responses to Environmental Impact Statements, responses to proposed Corps of Engineers actions at projects and COE funded research and mitigation projects. The Committee had a technical and analytical focus, striving to utilize the best available data and analyses in decision making. The management agencies and tribes often utilized discussions in the Fish Technical Committee to reach mutual agreement on proposed actions, recommendations and comments. The group also interacted with the US Army Corps of Engineers regarding river operations for fish. Through the 1980s the Committee worked to develop strong scientific technical products and based on these products, worked to reach scientific agreement on major regional products which supported policy considerations. In November 1981, the committee successfully worked together with additional technical staffs from their agencies to develop joint agencies and tribes recommendations to the first Northwest Power Act Fish and Wildlife Program. There were many times when there was agreement on scientific analyses but not on policy.

In 1982 the FPC (Water Budget Center) was established through agreement of BPA, NMFS and CRITFC after passage of the Northwest Power Act, as part of the first Northwest Power Planning Council Fish and Wildlife Program. The origins of what is now the Fish Passage Center evolved shortly after Act’s passage, during the development of Council’s very first Fish and Wildlife Program. That Program recommended that BPA fund the establishment of two “Water Budget Managers” to “provide expert assistance to the [state, federal and tribal fishery managers] in working with the power project operators and regulators to ensure that the requirements for fish are made a part of river system planning and operations” and to be the “primary points of contact between the power system and the fish and wildlife agencies and tribes on matters concerning the Water Budget” (1982 Fish and Wildlife Program, § 300(b)(1) and (3)). The FPC was established to provide technical support for the state, federal and tribal fish managers, relative to fish passage management and migration through the hydrosystem. The agreement between NOAA, BPA and CRITFC recognized that consolidating technical staff support in one central unit was more efficient and cost effective than establishing individual teams in each state, federal and tribal agency.

I. Authorization

The original predecessor of FPAC was the Fisheries Technical Committee and was formed in the mid-1970s. In 1978 the CRITFC sent staff began participating in the Committee, which was the first participation of the tribes in the Fish Technical Committee. The Fisheries Technical Committee was a volunteer organization of state and federal fishery agencies. Participation was voluntary.With the completion of the Northwest Power Act, part of the first Northwest Power Planning Council Fish and Wildlife Program in 1982, the Fisheries Technical Committee evolved into the Fish Passage Advisory Committee (FPAC) including Federal, regional State fish and wildlife agencies and appropriate Indian tribes to facilitate discussions among the fish and wildlife co-managers to implement the “Water Budget” identified in the 1982 Fish and Wildlife Program and to coordinate technical input from the co-managers into in-season river operations decision making.

II. Purpose

The purpose of the FPAC is to provide coordinated, technical, fish passage, and hydrological recommendations to assist members and regional forums in making management decisions that protect and enhance fish and wildlife. Specifically:

  • To serve as a technical forum for FPACmembersto exchange, review and analyze fish passage, river operations, mainstem research, and related information.
  • To serve as a technical resource for FPACmembers on hydro-system operations, fish passage facilities and river conditions.
  • To serve as the technical liaison for FPACmembers, with the technical support and assistance of the Fish Passage Center and or individual member organizations, to identify, review and or develop approaches that best address fish passage and river operations of concern.
  • To provide recommendations (preferably consensus) on storage projects management, flow augmentation, fish passage operations, and smolt transportation.These recommendations can range from orall discussions and recommendations at a regional forum meeting to an official written “System Operation Request” to the Action Agencies for discussion and decision at the Technical Management Team
  • To develop, with assistance of the Fish Passage Center, major reports, plans, and analyses that frame and support FPACmember’s recommendations concerning fish passage.
  • To develop Joint Technical Staff Memos that provide the biological and technical information on issues that have or will likely arise concerning hydrosystem management that affects fisheries resources. Although consensus is sought and desirable, some members may choose not to sign on a JTSM or SOR.
  • To assist the Fish Passage Center in developing the annual Smolt Monitoring Program.
  • To request the Fish Passage Center develop, reports, and analyses to assist FPACmembers in developing recommendations concerning fish passage.
  • To respond to technical questions referred to it by regional advisory groups and or forums. Referrals to the FPAC may originate from any FPAC member or entity.
  • To work collaboratively with all entities within the FCRPS and Columbia basin to coordinate and provide the best possible seasonal management of the available water for the benefit of anadromous and resident fish throughout the basin.
  • To assist the Fish Passage Center in developing the annual Smolt Monitoring Program.
  • To review PIT tag sort-by-code request to avoid conflicts between studies, and to assist researchers in developing a more comprehensive PIT-tagging program.

III. Functions

FPAC shall respond to technical analyses for actions proposed and/or adopted by consensus of its members, those of regional managers and/or technical forums in addressing fish passage issues and concerns within the Columbia Basin.These requests are typically reviewed by Fish Passage Center staff with a written memo/report provided to FPAC for discussion and response. Individual members may also review and respond to these requests however FPAC should strive to build consensus whenever possible.

FPC staff members typically serve as FPAC’s scientific and technical experts in providing robust technical products, analyses, proposals and recommendations to the individual member(s) requests, FPAC and its member agencies. These products are provided to members upon request, to FPAC as requested and posted to the FPC website and are available to all for review, discussion and feedback.

(A) FPAC analyses and recommendations shall:

- Account for the origin of assignments;

- Account for all applicable information and prior research;

- Address practicable alternatives; and,

- Account for risk and uncertainty.

(B) When evaluating projects, the FPAC will first strive to develop specific evaluation criteria that reflect established policies and priorities of the FPAC members.

2. Provide a forum for technical analyses, technical comments, and technical recommendations for the regional processes.

IV. Officers

(a)Selection. - The officers of the FPAC shall be a Chair and Vice Chair. By October 1 of each year, officers shall be selected from a list of FPAC members by xxxxxx (an oversight group, FPAC membersupervisors?). Representation shall alternate every year between state, federal, and Member tribe or designated tribal coordinating body.

(b) Duties. - (1) The Chair shall –

  • Preside at FPAC meetings
  • Promote a professional, courteous, and respectful meeting environment
  • Develop weekly agenda with input from members, FPC and/or regional entities and provides to FPC for distribution
  • Participate in weekly updates with Action Agencies to promote effective communication and collaborative efforts between FPAC and the Action Agencies.
  • Serve as lead representative for FPAC members at TMT meetings. Must fairly represent views of all members and encourage discussion of different viewpoints.
  • Strive for consensus on issues addressed by FPAC but also recognizes differences of opinions and enables members to identify different viewpoints and or concerns.
  • Identifies and/or responds to needs for special meetings and or discussions to address issues of concern for FPAC and or its members.
  • Sign written statements on behalf of FPAC members as needed
  • The Vice Chair shall be vested with all the powers and perform all the duties of the Chair in the absence or disability of the latter. The Vice Chair is Chair-designate and takes the chair when it is vacant.

V. Procedures

(1) The FPAC shall be composed of representatives designated by each interested Fish and Wildlife entity within the Columbia Basin.

(2) Representation from all member state, federal, and Member tribe or designated tribal coordinating body is desirable but not essential to conducting committee business. A designated representative may abstain or, subject to timely notice regarding consideration of the issue, be absent from the process without the position of that representative becoming an assenting or dissenting opinion.

(3) The FPAC may develop and submit a System Operation Request (SOR) on behalf of the Members listed on the SOR. Any SOR developed by FPAC will indicate the designated representatives who participated. Once reviewed and, if approved, by FPAC members, FPC at the direction of the Chair or Vice Chair will distribute the SOR to all FPAC members, and to the hydrosystem operators (BPA, COE). If FPAC cannot reach consensus on an SOR, individual members may develop and submit an SOR to the hydrosystem operators.In the process of considering and or developing an SOR, the concerns being addressed should be identified and or discussed with the Action Agencies (BPA, COE, NOAA) prior to submission of the SOR.

(4) Regularly scheduled meetings of the FPAC shall be open to the public. The public shall be provided an opportunity for limited comment. Closed meetings (executive sessions) may be called as necessary to discuss sensitive issues with final action to take place in open session.

(A) Fish Passage Center shall facilitate committee meetings but not be a part of the decision process. FPC staff will be responsible for the distribution of agendas, reports, etc., as well as meeting arrangements.FPC staff record each meeting and provide draft notes for review and adoption as final by FPAC members. Recordings and meeting minutesare posted on the FPC website and distributed regionally to interested parties,typically within one week of each meeting.

(B) The chair or vice-chair with the assistance and or input from members and or FPCstaff shall prepare a written agenda prior to each meeting with copies sent to each designee, and interested parties,ideally two days prior to each meeting.

(5) The FPAC shall meet at the request of the chair or vice-chair or at the request of an FPAC member following a discussion with the chair of vice-chair to address issues of concern.

(6) The chair or vice-chair or a person designated by the chair or vice-chair shall attend an FPAC Oversight team meeting as/if requested. Assume we will have one or something like that … FPAC member supervisors?

(7) All costs involved in FPAC participation are the responsibility of each member unless otherwise provided for.

(8) Proxy participation is permitted at FPAC meetings. Proxies must be confirmed by the respective agency to the chair or vice-chair, preferably in writing.

(9) The FPAC may establish work groups of its members to further its purpose, but, if it seeks to expand the sub-group beyond FPAC membership, it must be supported by the FPAC membership.

VI. Communications

(1)FPAC members shall release upon request any data or information provided to them by the FPAC that is cited by a Member agency or tribe as the basis for an operational action or otherwise cited as support for a public recommendation.

(2)Documents presented at FPAC meetings become part of the meeting notes and are available to all once the notes are posted to the FPC website and distributed to interested parties.

(3)In the event of unusual or urgent situations, an FPAC member may develop andsubmit System Operation Requests without prior consensus of other FPAC members. In this situation, the FPAC sponsor of the SOR shallinform the FPAC chair and/or vice chair andcontact those FPAC members whom the action(s) would impact most as soon as possible.

(4)Determination of FPAC actions, positions, or policies may not be delegated by any member to any other forum or committee. Statements of FPAC policy or positions may be shared with non-member entities as agreed to by FPAC members, and typically is done by the chair, vice-chair or a designated FPAC member.

V. FPAC and FPC Support Functions

FPC support functions for FPAC are defined in the FPAC Memo date Feb 16, 2006, pages 2 to 6, that addresses BPA’s proposal to transfer FPC functions and services to Dept of Energy, PNNL and CBFWA ( ). It may be desirable to include these functions as an attachment to the Charter.

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