Final Minutes

Governance Committee Meeting Conference Call
February 2, 2001

Call to Order

Don Ament, Governance Committee (GC) Chair, called the meeting to order at 8:15 a.m. Don noted that the agenda would be modified to add an update from the Drafting Committee.

Whooping Crane Monitoring Protocol

Dale Strickland updated the GC regarding the Technical Committee's (TC) consensus for implementing the Whooping Crane Monitoring Protocol this spring for the purposes of testing, verification, and modification. Dale explained that for the protocol to be implemented this spring the GC needs a consensus at this meeting so that the RFP can be advertised and a contractor secured. Dale gave a brief overview of the design and methods sections of the protocol. It was noted that there would also be a ground survey for monitoring whooping cranes funded and implemented by the National Wildlife Federation. The Wildlife Federation will follow a TC consensus protocol. Dale pointed out that a continuation of ground survey in conducted by these volunteers could potentially require funding in future years.

There was some discussion regarding the estimated budget. Dale explained that the estimated budget includes time and expenses for a contractor to implement the protocol as well as a budget for the Executive Director's office to coordinate efforts with the contractor, analyze data, write a report, and work with the TC to modify the protocol. The total cost for the contractor may go up or down depending on the proposals received.

Other points discussed included the past experience of researchers conducting aerial surveys for whooping cranes and other species, the need to have a systematic aerial survey of the entire study area and not just the river, and the possibility of using incentives for individuals reporting whooping crane sightings. Brian Barels and others expressed concern regarding the publics reception of having an endangered species located on their property and the consequences of these locates. It was noted that a problem might be experience when the ground crew approaches landowners requesting permission to conduct field measurements on their property. It was suggested that the Land Committee newsletter as well as a press release be used to notify the public in central Nebraska that these surveys will be conducted and the importance of collecting as much information as possible from the limited number of sightings every year. There was also a discussion regarding using local landowners for confirming sightings and not solely relying on wildlife biologist to confirm sightings. Dale noted that during the Program certain landowners might be identified that could fill this role, but that the FWS would need to verify the suitability of their observations.

Maryanne Bach asked for clarification on the role anticipated for the Executive Director's office. Dale explained that he anticipates members from his office will fly once or twice with the contractor, coordinate efforts between the TC and contractor, analyze data, write a report, and modify the protocol after TC review. Dale noted that very few potential contractors have been identified and that a notice will be published in each state. There was a discussion regarding why the Executive Director's office was not conducting all the work. Dale explained that Larry Schulz has interpreted the Executive Director's existing scope of work as not including the collection of field data. Rick Brown noted that if the Executive Director's office could not conduct the work that there be TC consensus on the contractor selected. Rick also requested that a flexible start time be an option so that more contractors could potentially bid.

Dayle Williamson moved to accept the Whooping Crane Monitoring Protocol and budget. Dayle noted that his motion had the caveat that if proposed budgets are more than 5% above the estimated budget in the protocol, the GC needs to revisit the issue. Dan Luecke seconded the motion. Don asked for discussion. Brian Barels commented that proper insurance and general requirements for flight services be one requirement in the RFP. Concern was also raised that neither the FC nor GC has received a full list of priorities for implementation from the TC and other committees and that it is not apparent how this protocol aligns with the IMRP. It was clarified that the proposal is for only implementation this spring that that if costs are in excess of 5% of the currently estimated cost the matter is referred back to the GC. Don Ament asked for and received a consensus vote to proceed with the protocol.

The Downstream Water Users and Colorado submitted written comments related to the protocol after the meeting. These comments are attached.

Executive Committee

During the Whooping Crane Monitoring Protocol discussion, the issue of the Executive Director's scope of work was brought up. It was then suggested that the Executive Committee should discuss the issue. Don Ament explained that members from the four signatories have met in an attempt to identify problems for GC consideration and that the Executive Committee is not an effort to resolve the problems. In the past this has been an informal gathering and if more formal meetings are planned the exact committee membership will be clarified.

Finance Committee Membership

The signatories appointed their respective members to the FC as: Colorado, Rick Brown; Nebraska, Jim Cook; Wyoming, Mike Besson; Bureau of Reclamation, Maryanne Bach; Fish and Wildlife Service, Mark Butler. The water users nominated Brian Barels and the environmentalist nominated Paul Currier. Maryanne moved to approve Brian and Paul, Dave Sands seconded. The GC approved Brian and Paul by consensus. Dale asked the new FC representatives to forward him a list of individuals they want to receive FC information on a regular basis.

Drafting Committee Report

Deb Freeman provided the report. Deb reported that the Drafting Committee along with Steve Anshcutz, Paul Tebbel, Paul Currier, and Dan Luecke met February 1 and worked through a list of comments related to the states' draft Land Policy Statement. A conference call was set for February 7 with the goal of having a consensus within the Draft Committee on the Land Policy Statement. When a consensus is reached, the Policy Statement will be forwarded to the GC. The Drafting Committee is also revisiting their "Heads-up" list and making sure that documents not included in the extension milestones are not forgotten.

Sediment White Paper and Press Release

Concern was raised regarding the impending press release from the DOI regarding sediment and the availability of the white paper. Kent Holsinger noted that the states had provided comments on an earlier draft of the press release and most of the comments were address, however, there was still one point causing concern. That point was the reference in the press release regarding the acknowledgement of sediment as a major issue during the 1997 negotiations. The states view sediment as a new issue and they expressed concern that the press release will create animosity within the general public. Mark Butler provided a brief history of the topic: channel stability and channel morphology was an issue during FERC relicensing, in developing the pulse flow recommendations in 1994, and in past work by Simons and Associates, Carter Johnson, and others. The GC reviewed the language regarding sediment in the Cooperative Agreement and discussed the intent. There was general agreement by most parties that the issue needs to be addressed now that it is identified, but there was remaining concern by many parties with the way in which it was worded in the press release. Maryanne Bach stated that she would work with Ralph Morgenweck and others within the FWS to carefully review the portion of the release causing concern. Maryanne noted that the DOI wants to release the white paper and press release today if at all possible, but that the DOI does not want to cause animosity toward the Cooperative Agreement.

Adjourn

The meeting was adjourned at approximately 9:30 a.m.

Conference Call Participants