The Department is entering its third year of efforts to regulate the Indian fishery along the lower Klamath and Trinity Rivers, within the Hoopa Valley Indian Reservation. Since Indians of the Reservation have a federally reserved fishing right and the United States, in its special relationship to the Hoopa Valley and Yurok Tribes, has an obligation to use its best efforts to protect the fish stocks as a trust resource, the Department has also become significantly involved in the broader question of the conservation and enhancement of salmon of Klamath River origin. In this we must, of course, communicate and work cooperatively with others having jurisdiction over fisheries and habitat of these stocks, including the California Department of Natural Resources, the Pacific Fishery Management Council, the States of Oregon and Washington, the Bureau of Reclamation, and so forth. Aside from regulation itself, our involvement includes study and analysis, alone and in participation with other agencies, of the environmental factors affecting salmon production in the Klamath-Trinity drainage. We must also determine the impact of regulations proposed by other agencies on the Indian fisheries and on conservation of Klamath and Trinity River salmon stocks in order to assure that our objectives to conserve the resource and to provide a viable Indian fishery can be met. In addition, we are working closely with the State and with Indians of the Reservation to establish a coordinated enhancement program to benefit the fisheries along the Klamath and Trinity Rivers. Finally, since Indian tribes normally regulate themselves better than the Department can do it for them, we are working to assist the Yurok Tribe in becoming organized so the two tribes of the Reservation, the Hoopa Valley and Yurok Tribes, may establish the appropriate mechanism for joint regulation of their Reservation fishery.

1. Regulation.-By way of this issue, I point out that the fishing rights of these Indians were affirmed in 1975 by the Californai Supreme Court in Arnett v. 5 Gill Nets, 48 Cal. App. 3d 454 (1975) cert. den. 425 U.S. 97 (1976), following the Supreme Court's 1973 decision that the Hoopa Valley Indian Reservation, from the "square" to the mouth of the Klamath River, continued to exist as an Indian reservation. (Mattz v. Arnett, 412 U.S. 481 (1973). Since 1973, Indian fishing activity on the Reservation has increased as Indians began to re-enter the fishery in the exercise of their fishing rights. One of the two tribes of the Reservation was not organized so in 1977, the Department, through the Bureau of Indian Affairs, entered into regulation of the Indian fishery as an exercise of its trust responsibility. The Department's objectives, then and now, are to provide for the exercise of federally reserved Indian fishing rights for all Indians of the Reservation while preserving and protecting the fishery resource. That first effort was not successful and, due to the lack of enforcement and the extensive sport fishery under State regulation, an intensive river fishery resulted.

In 1978 the Department attempted a comprehensive approach to management of the River fishery and, despite the controversy, met with considerable success. The 1978 regulations were the subject of two previous hearings of this subcommittee, one on August 2, 1978 and one on October 12, 1978. To avoid repetition I will refrain from describing that regulatory effort other than to note that it provided for the full exercise of Indian fishing rights, subsistence, ceremonial and commercial, with a mechanism for emergency closure of the fishery should the resource need additional protection.

The Department, following extensive consultation with Indians of the Reservation, also reached an agreement with the State of California Department of Natural Resources on an interim management plan for the Klamath River. That agreement allocated the 1978 expected harvestable surplus of fall Chinook salmon between Indian and sport fishers, leaving regulation of the Indian fishery to the Department and regulation of the sport fishery to the State. It also: prohibited sales of steelhead or sturgeon; allowed for complete or partial closure of the commercial and sport fisheries in the River to assure adequate escapement; and allowed a closure when the fall fishery reached 35,000 adult fish;

And, it set the stage for cooperative development of a salmon enhancement plan for the Klamath drainage.

As a result of the Department-wide effort to make the 1978 regulations an effective conservation measure as well as an implementation of Indian fishing rights, and with the cooperation of the State, 75% of the spawning escapement goal was achieved in the Klamath River system in 1978. This success compares with achievement of only 63% of the chinook salmon spawning escapement goal for the Sacramento River, where no Indian net fisheries occur.

Other initiatives involving and benefitting Indians of the Reservation also resulted from the 1978 effort. A Court of Indian Offenses was established for the Reservation to try and to decide cases involving violations of the fishing regulations. Indian involvement with the court as judges and as jurors is helping to pave the way for

tribal regulation on the Reservation by preparing Indians for the more difficult roles required of self-regulating tribes. Indians of the area were also sought, recruited, trained and commissioned as law enforcement officers on the Reservation in preparation for this year's fisheries.

A field office of the BIA's Hoopa Agency was established at Klamath on the lower River soon after the close of the fall fishing season. This office provides lower River Indians with direct liaison to the services provided through the Hoopa Agency and the Sacramento Area Office. The Klamath field office now has three employees on detail from other BIA offices, and one on contract, providing important community contact and liaison between Indians and the Bureau of Indian Affairs. This essential function was unfortunately missing last year. Selection of a director of the Klamath field office has just been made and the individual hired is expected to arrive around the first of June.

A most important outgrowth of the 1978 experience was the intense attention directed at resolution of the tribal government problems which have gone unresolved during the tenure of the Jessie Short case. The Department is painfully aware of the need to assist the Yurok Tribe in becoming organized so that, among other matters, it can develop a mechanism for joint self-regulation with the Hoopa Valley Tribe of the Reservation fishery. Since late last summer this matter has been given my highest priority attention and regulations prescribing voter qualifications for the election of a Yurok interim governing committee have now been published. Other procedures governing the election process should be published before the end of this month. The election itself should be held late this summer, in August or September.

2. 1979 Regulations. In contrast to the 1978 fishing season, the chinook salmon runs in 1979 are expected to be severely depressed. This situation exists for chinook as well as for native coho salmon stocks on a coast-wide basis, causing severe conservation problems in all states and requiring substantially more restrictive regulation of inside fisheries, such as the Klamath River Indian and sport fisheries. This conservation problem caused the Department to propose and, after extensive consultation with the Indians to make final, regulations governing the 1979 fishery which prohibit the sale of fish caught on the Klamath and Trinity Rivers. It is expected that this will reduce the fishing effort sufficiently to provide essential escapement to perpetuate the run. Unfortunately, no state or federal scientists have yet been able to provide an estimate of the run size for either the spring or fall chinook stocks. Insufficient information is available on early catches in the troll fishery to provide any basis for predicting total run sizes. State and Fish and Wildlife Service efforts to conduct test fisheries in the Klamath River to discern run strength have been unsuccessful because of high turbid water and weather conditions. New efforts to conduct test fisheries will be made when the River flow does not exceed 10,000 cfs. However, the spring run started through the River about May 1 and much of it will be past the seining site before these test fisheries can be conducted. This makes it unlikely that we will have a run size estimate for the spring run. The ocean troll fishery began May 1, and it is possible that, by the second week of June, the first month's catch information could be sufficiently analyzed to give us an indication of run size for the fall chinook fishery.

The spring fishing season began April 1 and the run began to enter the River about the first of May. To date, the season has gone very smoothly. 25-35 nets have been in the Rivers each day, although only around 150 fish are estimated to have been caught thus far. Indian fishermen have fished in substantial conformity to the regulations, which may be largely attributed to the efforts of the Indian enforcement officers.

The two Indian enforcement officers and one Indian supervisor have made 511 personal contacts since April to explain the reasons and requirements for the fishing regulations. As of May 15, they had issued five citations and confiscated 7 nets for violations of the fishing regulations.

In addition to contact through the enforcement officers, periodic meetings are being held (every two or so weeks), to consult with Indians about the status of the fish runs and the conduct of the fishery. The first such meeting was held on May 16 at Chubs Camp in Klamath, and was attended by more than 60 people. Information on ocean interceptions, habitat problems, water conditions and various other factors affecting the fish runs will be discussed at these meetings as they become important. Advance discussions of the need to change regulations, including conservation problems indicating a possible emergency closure, would occur in this forum.

367 Indians of the Reservation have indicated their serious interest in exercising fishing rights by obtaining fishers identification cards. These cards are being issued by the BIA to eligible Indians for the second year. Of those holding cards, 90 are

Hoopa Valley tribal members, 215 are Jessie Short plaintiffs, 25 are Jessie Short intervenors, and 37 are descendants of allottees on the Reservation.

3. Interaction with other managers.-This spring's fishery is proceeding in cooperation with the State under the same interim management plan as last year. The State is again responsible for regulating the non-Indian sport fishery on the Reservation as well as elsewhere in the watershed. Because of this year's extreme conservation problem and the need to limit fishing, the State is recommending a reduction in its bag limit for sport fishers to two fish. This measure was in part taken in recognition of the need to share the conservation burden with Indians who will not engage in commercial fishing due to the expected low runs.

Later in the season, as run size data develops, we may discuss with the Indians and the State the need to agree, as last year, on an allocation of the fall chinook fishery between Indians and sport fishers, but there is no basis for doing so at this time. In general, our relationship with the State is at least as cooperative as it was last year. As Indians of the Reservation organize and assume responsibility for management of their fishery, the current spirit of cooperation should carry over and assist the Tribes and the State, as well as the Department, in entering into longrange management plans for coordinating the respective activities of each. Already, Indians of the Reservation, Departmental and State officials share the same longterm goals for increasing salmon production in the Klamath system to benefit the River fisheries.

Beyond the River fisheries themselves we have been and will continue to participate in the activities of the Pacific Fishery Management Council and the Department of Commerce concerning the conduct of ocean troll and recreational fisheries for Pacific salmon. It is in this forum that we most need to concentrate our efforts to obtain limitations that will increase the return of existing salmon production to the Klamath system. While we feel we reached an accommodation with the State last year for the in-river fisheries, those fisheries, Indian and sport alike, continue to bear nearly the entire burden of conservation for these salmon stocks. We sorely recognize that ocean management needs to be better coordinated with the management of Indian needs and inside fisheries so that each can have a viable fishery. Although we have neither a voting voice nor control in this, we will continue to do our utmost to find a resolution to the current problems.

4. Enforcement.-This year, as last, enforcement of the regulations governing sport fishing will be the primary responsibility of the State and enforcement of the regulations governing Indian fishing will be the primarily responsibility of the Department. Federal and State officers are cross-deputized, however, to facilitate smoother enforcement and to enhance the sense of mutual support.

The most important new factor in this year's law enforcement plans is the key role to be played by the Indian enforcement agents. These Indians, for the most part from the Reservation or nearby areas, are well trained and qualified officers. And, because of their background, they bring an added dimension of sensitivity and ability to communicate effectively with Indians of the Reservation, heretofore lacking in our approach. The personal contacts and efforts of the enforcement officers have gained them the community respect which is essential to obtaining substantial, voluntary compliance with the regulations. They will provide the core of the Department's enforcement team this year, backed up by two U.S. Fish and Wildlife Service Officers in the area. Other Departmental efforts will concentrate on the prevention of sales of fish, prohibited by this year's regulations because of the conservation problem, by providing notice to and monitoring of fish buyers and markets in nearby states. We do not anticipate the need to involve other segments of the Department's law enforcement offices in Reservation enforcement this year. The involvement of local Indians in the law enforcement effort is particularly exciting to us. We are working toward organization of the Yurok Tribe and preparation for both Tribes' assumption of responsibility for regulation of the Reservation fishery, in keeping with the spirit and intent of the federal policy of Indian selfdetermination. Training of Indians to carry out the various regulation and management activities is therefore vitally important. These officers, already trained and experienced, will be there to facilitate the transition to tribal self-regulation.

5. The Court of Indian Offenses.-The Court of Indian Offenses was established last year to provide a judicial forum on the Reservation to try cases involving violations of the fishing regulations. The Court is steadily proceeding through its docket of 1978 cases.

Under the Department's regulations for all courts of Indian offenses defendants have a right to trial by a six member jury. There have been 7 bench trials in the Hoopa Valley Reservation court, 6 of which resulted in convictions on at least one count and only 1 of which has resulted in an acquittal on all charges. Of the 20 jury

trials, 9 resulted in convictions on at least one count and 11 resulted in acquittals. 3 cases were settled and 7 resulted in default judgments.

95 cases from last year's docket of 153 cases have been completed. Most defendants have demanded a jury trial and, despite the relatively minor nature of the offenses (the maximum allowable fine is $500), most defendants have been represented by attorneys who have litigated every issue with great intensity. All juries have been composed entirely of Indians of the Reservation. Although we have been told by county officials that it is very difficult to persuade Indian jurors to give a verdict against an Indian defendant, several juries of this court have returned guilty verdicts.

At present the involvement of Indians of the Reservation with the court has been primarily as defendants and jurors. The chief judge is a non-Indian lawyer. However, one associate judge is a non-lawyer Indian of the Reservation who has been attending special training programs for Indian judges. He has conducted voir dire in the court and was later assigned a trial, although he had to recuse himself because of his close relationship with the defendant. The second associate judge is an Indian lawyer from another tribe.

6. Resource enhancement.-Let me emphasize that the problems associated with the management and supply of salmon on the Klamath River are due to a number of complex factors and are not susceptible to easy solutions. For instance, the construction of new fish hatcheries alone provides no guarantee of bigger fish runs into the River. However, last fall the Department became committed to enhancement of the salmon fisheries of the Klamath and Trinity Rivers. Indians have called upon us to increase salmon production, by hatcheries and by improvement of the natural habitat, to obtain a greater return of salmon to their fisheries. The State proposed a cooperative enhancement effort along the Klamath and Trinity Rivers, taking into account production potential on as well as above the Reservation. Our commitment made, we met with other federal agencies, State agencies and Indians, to review the profusion of environmental problems and prior interceptions by other fisheries, and to chart a path to accomplish our objectives. Proposed enhancement activities fall into four major categories: (1) stream rehabilitation, including reforestation in buffer zones; (2) an adequate flow regime on the Trinity River; (3) improved land management practices; (4) artificial production of salmon; and (5) further limitation of the ocean fisheries. Studies and activities are being carried out in each category, by the Department alone and in conjunction with other agencies, Indians and interested parties.

The Arcata Office of the Fish and Wildlife Service is carrying out a number of activities in the assessment and rehabilitation of stream habitat on the Reservation as a major part of its program. These studies and activities are designed to improve the instream fishery habitat to enhance natural salmon production in the watershed. Specific planned activities include clearance of debris from streams, cleansing of gravel beds and revegetation of stream banks. There are parallel efforts to obtain reforestation of the watershed. The State is also conducting activities in this category. In addition, we and the State are reviewing logging practices along the watershed and the problems of inadequate enforcement of new laws governing forestry practices.

The problem of water flows on the Trinity River, caused by the enormous diversions of river water at the Lewiston dam, is the subject of a three-year study by the Trinity River Task Force. That Task Force and the Fish and Wildlife Service have been collecting and analyzing data to determine the impact of the current flow regime. The study, which will include recommendations for adequate flows, is due to be submitted to the Secretary in January of 1980. Indians of the Reservation, the Bureau of Indian Affairs, Fish and Wildlife Service, Bureau of Reclamation, State agencies, and other interests are represented on the Task Force. In addition, recognizing the importance of adequate flows to the fishery, the Fish and Wildlife Service is monitoring the need to take action to prevent further commitments for diversion of Trinity River water before the Task Force completes its report and makes its recommendations. The Trinity River Task Force is also the forum through which the Department is participating in a broad review of land management policies and practices in the watershed.

Both the Department and the State are committed to coordinated enhancement of the fishery through artificial as well as natural production. The Department is specifically committed to the construction of an enhancement facility on the Klamath River portion of the Reservation, and is currently seeking an appropriate site. The proposed facility would consist of rearing ponds with an anticipated annual production of 400,000 yearling chinook salmon. Release at the one year age level is expected to greatly improve survival and ultimately to increase the returning run size into the River. Although the Department will construct and operate the project

during its initial life, it is anticipated that, once the Hoopa Valley and Yurok Tribes have established a mechanism for joint management of the Reservation resources, the project will be turned over to them for operation and management.

The State legislature, at the urging of the California Department of Natural Resources, has included in its budget $250,000 to be available for State enhancement activities along the River. The Governor is expected to sign this budget into law before July 1. The State Department of Fish and Game has just completed the construction of new salmon rearing ponds at Orleans as part of its proposed enhancement effort, and we expect to participate with the State in the costs of actual fish production there for the intended benefit of all River fisheries. Other joint efforts designed to upgrade and increase the capacity of existing hatcheries are also planned.

The coordinated artificial enhancement efforts of the State and of the Department are expected to produce around 1,600,000 yearling chinook for release into the system each year. Work in the other categories, and particularly the stream rehabilitation efforts, should also substantially improve salmon production in the watershed.

Our success in increasing production will not assure that greater numbers of these fish actually return to the river fisheries, unless ocean interceptions can be limited. As the Secretary has pointed out to Commerce Secretary Kreps, our review of the current interim regulations for the commercial and recreational salmon fisheries off the coasts of Washington, Oregon, and California, leads us to conclude that, due to the intensive ocean fishery, the California chinook runs will not only fail to achieve spawning escapement objectives but will continue to decline. We recognize that our analysis differs somewhat from the more optimistic views of the California Department of Fish and Game. However, all available indicators lead to the conclusion that the runs will be severely depressed, largely because of the 197677 drought. Despite the small cutback voted by the Pacific Fishery Management Council, the ocean fishing season fails to take account of the full extent of the conservation problem and the needs of river fisheries. And, it is the latter which will necessarily be restricted to provide for perpetuation of the salmon stocks. Since management objectives for the ocean fishery off the California coast are still directed at harvest of the full surplus of salmon in the run, this issue is broader than the one-year drought cycle problems indicate. The Department currently participates as a non-voting memeber in the Pacific Fishery Management Council's process of recommending ocean regulations to the Secretary of Commerce and, in addition, has provided comments and analysis of the regulations impact directly to Secretary Kreps. Our efforts in this forum have called the inside and river fishery problems as well as the conservation problems to their attention in great detail. However, although our positions are consistent, our success is anything but assured because we lack both jurisdiction to regulate the ocean fisheries and a vote in that process.

There are myriad problems inherent in diverse jurisdictions playing a role in the national and international management of Pacific salmon resources, particularly where each has different management standards and objectives. This situation is currently being reviewed by Senator Magnuson and the Senate Committee on Commerce, Science, and Transportation. Since the Chairman and the Ranking Member on that committee have each expressed interest in exploring a federal resolution of the comprehensive problems of coordination of Pacific salmon management I will, at this time, defer comment on possible legislative initiatives to improve resource management and conservation.

This concludes my statement, Mr. Chairman. I would be pleased to answer any questions you might have.

Thank you.

Mr. GERARD. I appreciate the opportunity to appear before you to discuss the management of Klamath-origin salmon. You have expressed concern about the effectiveness of the conservation and management program as well as our expectations for the coming fishing season.

Today I will be discussing management and regulation as it impacts these salmon throughout their migratory range, as well as the specific activities we are carrying out within our own sphere of jurisdiction. Notwithstanding a great deal of emotion and rhetoric surrounding the regulations, we believe that of 1978 was a fairly successful regulation; namely, because it resulted in achievement