[Congressional Record Volume 140, Number 57 (Wednesday, May 11, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
DECISION BY NATIONAL MARINE FISHERIES SERVICE TO SPILL WATER OVER EIGHT 
                        DAMS TO AID SALMON RUNS

  Mr. CRAIG. Madam President, at 12 o'clock a.m. this morning a 
decision was brought about on eight dams on the Snake and the Columbia 
River systems in the Pacific Northwest that I believe is a disastrous 
stumble by this administration into the endangered species debate over 
several species of salmon in the Snake and the Columbia system, a 
misguided and perhaps disasterous decision to spill water over these 
eight dams and to set in place a motion and action that is yet to be 
justified.
  With no forewarning, the National Marine Fisheries Service ordered 
the Bonneville Power Administration and the Army Corps of Engineers to 
dump these large quantities of water over the spillways. There is no 
research and no scientific basis to argue what is now being done. 
Instead of helping the salmon, this action will place them in dire 
jeopardy due to the gas supersaturation in the water, an unavoidable 
result of heavy spilling of water over these structures. Gas 
supersaturation is a well-known phenomenon in fisheries biology, and it 
is lethal to fish above the 120 percent supersaturation.
  Let me enter into the Record, and I ask unanimous consent that it be 
printed in the Record, an EPA study that resulted in criteria that the 
States of Oregon and Washington used in establishing rates of 
supersaturation in the tumbling of water over these structures.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    [From the U.S. Environmental Protection Agency, Office of Water 
        Regulations and Standards, Washington, DC, May 1, 1986]

                    Quality Criteria for Water 1986


                         gases, total dissolved

       Criterion.--To protect freshwater and marine aquatic life, 
     the total dissolved gas concentrations in water should not 
     exceed 110 percent of the saturation value for gases at the 
     existing atmospheric and hydrostatic pressures.
       Rationale.--Fish in water containing excessive dissolved 
     gas pressure or tension are killed when dissolved gases in 
     their circulatory system come out of solution to form bubbles 
     (emboli) which block the flow of blood through the capillary 
     vessels. In aquatic organisms this is commonly referred to as 
     ``gas bubble disease''. External bubbles (emphysema) also 
     appear in the fins, on the opercula, in the skin and in other 
     body tissues. Aquatic invertebrates are also affected by gas 
     bubble disease, but usually at supersaturation levels higher 
     than those lethal to fish.
       The standard method of analyzing for gases in solutions has 
     been the Van Slyke method (Van Slyke et al. 1934); now, gas 
     chromatography also is used for determination of individual 
     and total gases. For determination of total gas pressure, 
     Weiss has developed the saturometer, a device based upon a 
     thin-wall silicone rubber tube that is permeable to gases but 
     impermeable to water. Gases pass from the water through the 
     tube, thus raising the internal gas pressure which is 
     measured by a manometer or pressure gauge connected to the 
     tube (NAS, 1974). This method alone does not separate the 
     total gas pressure into the separate components, but Winkler 
     oxygen determinations can be run simultaneously, and gas 
     concentrations can be calculated.
       Total dissolved gas concentrations must be determined 
     because analysis of individual gases may not determine with 
     certainty that gas supersaturation exists. For example, water 
     could be highly supersaturated with oxygen, but if nitrogen 
     were at less than saturation, the saturation as measured by 
     total gas pressure might not exceed 100 percent. Also, if the 
     water was highly supersaturated with dissolved oxygen, the 
     oxygen alone might be sufficient to create gas pressures or 
     tensions greater than the criterion limits, but one would not 
     know the total gas pressure or tension, or by how much the 
     criterion was exceeded. The rare and inert gases such as 
     argon, neon and helium are not usually involved in causing 
     gas bubble disease as their contribution to total gas 
     pressures is very low. Dissolved nitrogen (N2), which 
     comprises roughly 80 percent of the earth's atmosphere, is 
     nearly inert biologically and is the most significant cause 
     of gas bubble disease in aquatic animals. Dissolved oxygen, 
     which is extremely bioactive, is consumed by the metabolic 
     processes of the organism and is less important in causing 
     serious gas bubble disease though it may be involved in 
     initiating emboli formation in the blood (Nebeker et al. 
     1976a).
       Percent saturation of water containing a given amount of 
     gas varies with the absolute temperature and with the 
     pressure. Because of the pressure changes, percent saturation 
     with a given amount of gas changes with depth of the water. 
     Gas supersaturation decreases by 10 percent per meter of 
     increase in water depth because of hydrostatic pressure; a 
     gas that is at 130 percent saturation at the surface would 
     be at 100 percent saturation at 3 meters' depth. 
     Compensation for altitude may be needed because a 
     reduction in atmospheric pressure changes the water/gas 
     equilibria, resulting in changes in solubility of 
     dissolved gases.
       There are several ways that total dissolved gas 
     supersaturation can occur:
       1. Excessive biological activity--dissolved oxygen 
     concentrations often reach supersaturation because 
     of excessive algal photosynthesis. Renfro (1963) reported gas 
     bubble disease in fishes resulting, in part, from algal 
     blooms. Algal blooms often accompany an increase in water 
     temperature and hits higher temperature further contributes 
     to supersaturation.
       2. Lindroff (1957) reported that water spillage at 
     hydropower dams caused supersaturation. When 
     excess water is spilled over the face of a dam it entrains 
     air as it plunges to the stilling or plunge pool at the base 
     of the dam. The momentum of the fall carries the water and 
     entrained gases to great depths in the pool; and, under 
     increased hydrostatic pressure, the entrained gases are 
     driven into solution, causing supersaturation of dissolved 
     gases.
       3. Gas bubble disease may be induced by discharges from 
     power-generating and other thermal sources (Marcello et al. 
     1975). Cool, gas-saturated water is heated as it passes 
     through the condenser or heat exchanger. As the temperature 
     of the water rises, percent saturation increases because of 
     the reduced solubility of gases at higher temperatures. Thus, 
     the discharged water becomes supersaturated with gases and 
     fish or other organisms living in the heated water may 
     exhibit gas bubble disease (DeMont and Miller, 1972: Malouf 
     et al. 1972; Keup, 1975).
       In recent years, gas bubble disease has been identified as 
     a major problem affecting valuable stocks of salmon and trout 
     in the Columbia River system (Rulifson and Abel, 1971). The 
     disease is caused by high concentrations of dissolved 
     atmospheric gas which enter the river's water during heavy 
     spilling at hydroelectric dams. A report by Ebel et al. 
     (1975) presents results from field and laboratory studies on 
     the lethal, sublethal and physiological effects of gas on 
     fish, depth distribution of fish in the river (fish can 
     compensate for some high concentrations of gas by moving 
     deeper into the water column), detection and avoidance of gas 
     concentrations by fish, intermittent exposure of fish to gas 
     concentrations, and bioassays of many species of fish exposed 
     to different concentrations of gas. Several conclusions 
     resulting from these studies are:
       1. When either juvenile or adult salmonids are confined to 
     shallow water (1 m), substantial mortality occurs at and 
     above 115 percent total dissolved gas saturation.
       2. When either juvenile or adult salmonids are free to 
     sound and obtain hydrostatic compensation either in the 
     laboratory or in the field, substantial mortality still 
     occurs when saturation levels (of total dissolved gases) 
     exceed 120 percent saturation.
       3. On the basis of survival estimates made in the Snake 
     River from 1966 to 1975, it is concluded that juvenile fish 
     losses ranging from 40 to 95 percent do occur and a major 
     portion of this mortality can be attributed to fish exposure 
     to supersaturation by atmospheric gases during years of high 
     flow.
       4. Juvenile salmonids subjected to sublethal periods of 
     exposure to supersaturation can recover when returned to 
     normally saturated water, but adults do not recover and 
     generally die from direct and indirect effects of the 
     exposure.
       5. Some species of salmon and trout can detect and avoid 
     supersaturated water; others may not.
       6. Higher survival was observed during periods of 
     intermittent exposure than during continuous exposure.
       7. In general, in acute bioassays, salmon and trout were 
     less tolerant than the nonsalmonids.
       Dawley and Ebel (1975) found that exposure of juvenile 
     spring chinook salmon, Oncorhynchus tshawytscha, and 
     steelhead trout, Salmo gairdneri, to 120 percent saturation 
     for 1.5 days resulted in over 50 percent mortality; 100 
     percent mortality occurred in less than 3 days. They also 
     determined that the threshold level where significant 
     mortalities begin occurring is at 115 percent nitrogen 
     saturation (111 percent total gas saturation in this test).
       Rucker (1974), using juvenile coho salmon, Oncorhynchus 
     kisutch, determined the effect of individual ratios of oxygen 
     and nitrogen and established that a decrease in lethal effect 
     occurred when the nitrogen content fell below 109 percent 
     saturation even though total gas saturation remained at 119 
     percent saturation, indicating the importance of determining 
     the concentration of the individual components (O2 and 
     N2) of the atmospheric supersaturation. Nebeker et al. 
     (1976a), using juvenile sockeye salmon, Oncorhynchus nerka, 
     also showed that there was a significant increase in fish 
     mortality when the nitrogen concentration was increased while 
     holding the total percent saturation constant. They also 
     showed that there was no significant difference in fish 
     mortality at different co2 concentrations.
       Research collected by Bouck et al. (1975) showed that gas 
     supersaturated water at and above 115 percent total gas 
     saturation is acutely lethal to most species of salmonids, 
     with 120 percent saturation and above rapidly lethal to all 
     salmonids tested. Levels as low as 110 percent will produce 
     emphysema in most species. Steelhead trout were most 
     sensitive to gas-supersaturated water followed by sockeye 
     salmon, Oncorhynchus nerka. Chinook salmon, Oncorhynchus 
     tshawytscha, were intermediate in sensitivity. Coho salmon, 
     Oncorhynchus kisutch, were significantly the more tolerant of 
     the salmonids though still much more susceptible than non-
     salmonids like bass or carp.
       Dapnnia magna exhibited a sensitivity to supersaturation 
     similar to that of the salmonids (Nebeker et al. 1975), with 
     115 percent saturation lethal within a few days. Stoneflies 
     exhibited an intermediate sensitivity similar to bass with 
     mortality at 130 percent saturation. Crayfish were very 
     tolerant, with levels near 140 percent total gas saturation 
     resulting in mortality.
       No differences are proposed in the criteria for freshwater 
     and marine aquatic life as the data available indicate that 
     there probably is little difference in overall tolerances 
     between marine and freshwater species.
       The development of gas bubble disease in menhaden, 
     Brevoortia sp., and their tolerance to gas saturation in 
     laboratory bioassays and in the field (Pilgrim Nuclear Power 
     Station Discharge Canal) are discussed by Clay et al. (1975) 
     and Marcello et al. (1975). At 100 percent and 105 percent 
     nitrogen saturation, no gas bubbles developed externally or 
     in any of the internal organs of menhaden. At 105 percent 
     nitrogen saturation, however, certain behavioral changes 
     became apparent. Fish sloughed off mucus, swam erratically, 
     were more excitable, and became darker in color. Menhaden 
     behavioral changes observed at 110 percent nitrogen 
     saturation were similar to those noted at 105 percent. In 
     addition, at 110 percent gas emboli were found in the 
     intestines, the pyloric caeca, and occasionally the 
     operculum. The behavioral changes described were also 
     observed at 115 percent, and clearly defined subcutaneous 
     emphysema was observed in the fins and occasionally in the 
     eye. At 120 percent and 130 percent nitrogen saturation, 
     menhaden developed within a few hours classic symptoms of gas 
     bubble disease. Externally, emboli were evident in all fins, 
     the operculum and within the oral cavity.
       Exophthalmia also occurred and emboli developed in internal 
     organs. The bulbous arteriosis and swim bladder were severely 
     distended, and emboli were found along the length of the gill 
     arterioles, resulting in hemostasis. At water temperatures of 
     30 deg.C, menhaden did not survive, regardless of gas 
     saturation level. At water temperatures of 15, 22, and 
     25 deg.C 100 percent of the menhaden died within 24 hours at 
     120 percent and 130 percent gas saturation. Fifty percent 
     died after 96 hours at 115 percent (22 deg.C). Menhaden 
     survival after 96 hours at 110 percent nitrogen saturation 
     ranged from 92 percent at 22 deg. and 25 deg. to 83 percent 
     at 15 deg.C. Observations on the relationship between the 
     mortality rate of menhaden and gas saturation levels at 
     Pilgrim Station during the April 1975, incident suggest that 
     the fish may tolerate somewhat higher gas saturation levels 
     in nature.
       It has been shown by Bouck et al. (1975) and Dawley et al. 
     (1975) that survival of salmon and steelhead smolts in 
     seawater is not affected by prior exposure to gas 
     supersaturation while in fresh water. No significant 
     mortality of juvenile coho and sockeye salmon occurred when 
     they were exposed to sublethal concentrations of 
     supersaturated water and then transferred to seawater 
     (Nebeker et al. 1976b).
  Mr. CRAIG. Madam President, the order directed by the White House 
would raise supersaturation gas to more than 130 percent.
  I have said something just now which is very important, Madam 
President. I have said ``by the White House.'' I am now told by good 
authority that on direct orders from our White House these agencies and 
their scientists were overruled so that Al Gore--and I repeat that--so 
that the Vice President could get directly involved in what I believe 
is a phenomenally dangerous precedent in the utilization of his power.
  The States of Oregon and Washington were asked to comply by the 
signature of their Governors. Oregon finally did. And I understand, as 
of this moment, Washington is complying. They are forced to comply by 
the blackmail of the Federal Government.
  The National Marine Fisheries Service and its scientists have been 
overruled. Everybody who has studied this issue for the last 2\1/2\ 
years, including a decision brought about by all of these agencies 
together known as a biological opinion, as of 12 o'clock last night 
were overruled.
  I can only say that in the history of this country I am not sure that 
a precedent like this has taken place. In the public-land West where 
the Endangered Species Act is already raising havoc with the 
unemployment of thousands of loggers in the Pacific Northwest now, for 
an arbitrary and capricious decision almost singlehandedly by this 
White House, clearly the integrity of this law is thrown into jeopardy.
  The Corps of Engineers has told NMFS they will not comply with the 
order unless they have in hand a written sign-off from the Governors. 
The corps is justified in demanding this cover. Its biologists and 
others are balking. They fear, and rightfully so, that spilling water 
will have the exact opposite effect from the intended, and that both 
juvenile and adult salmon will die as a consequence. If that were to 
occur, very serious legal claims under the Endangered Species Act could 
be brought against agencies and responsible individuals for knowingly 
and deliberately taking an action jeopardizing a listed species.
  NMFS claims there will be a 5-percent improvement in survival of 
smolts which are spilled. I dispute that there is any relevant science 
supporting that outcome, but setting that aside, let's examine the 
purported benefits of this $30 million order. Only 17 percent of the 
smolts would be carried over the dams by the spill--the rest would 
continue to be safely transported by barge around the dams. So, we can 
calculate a 5-percent gain for 17 percent of the smolts--an overall 
improvement of less than 1 percent. Carrying it further, if we 
calculate the adult-equivalents--how many more adults will eventually 
return--we find that residents of the Pacific Northwest would be paying 
at least $34,000, and as much as $138,000 for each additional returning 
adult spring chinook. And most of those will be hatchery fish. Benefits 
to our listed wild stocks will be minuscule, and the cost for each 
additional wild fish could reach $1 million. Have we all lost our 
senses?
  Just 2 weeks ago NMFS' own salmon recovery team addressed a hearing 
of the Senate Energy and Water Appropriations Subcommittee to explain 
the details of their final salmon recovery plan. Nowhere in their plan 
were spills such as these recommended. Neither were spills called for 
in the Northwest Power Planning Council salmon plan completed 2 years 
ago. Neither were they specified in the 5-year biological opinion on 
river operations completed by NMFS and the other Federal agencies in 
March. If spill is not a suggested component of any of the established 
plans or processes to recover salmon, why has it surfaced as a solution 
now? Because it is a political bone, tossed by the administration to 
Judge Marsh, in an attempt to demonstrate that drastic measures will be 
taken to save the salmon. Drastic, yes, Effective? Absolutely not.
  I can only implore those in responsible positions within the 
administration, and Judge Marsh, to listen to the salmon recovery team. 
While I do not support every last measure, their final plan is a 
reasoned and comprehensive approach to recovering the salmon. It is 
based on the best available science and reflects the extensive 
biological experience of the seven eminent team members. There plan, 
yet to be accepted by NMFS, has the greatest potential of any proposal 
forwarded so far to unite a broad spectrum of regional interests behind 
a common solution. We should heed their advice.
  The PRESIDING OFFICER. The Senator from Idaho is recognized.
  Mr. CRAIG. I thank the Chair.
  (The remarks of Mr. Craig pertaining to the introduction of S. 2106 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. CRAIG. Madam President, I yield back the remainder of my time.
  The PRESIDING OFFICER. Who yields time?
  Mrs. HUTCHISON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Madam President, I ask unanimous consent that I be 
allowed to proceed as if in morning business for 10 minutes.
  The PRESIDING OFFICER. Is there objection?
  The Senator from New Mexico.
  Mr. DOMENICI. Can we charge the time equally?
  Charge the time to our side.
  The PRESIDING OFFICER. Without objection, the Senator is recognized 
for 10 minutes.
  The PRESIDING OFFICER. The Senator from Texas is recognized.
  Mrs. HUTCHISON. I thank the Chair.
  (The remarks of Mrs. Hutchison pertaining to the introduction of S. 
2105 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  The PRESIDING OFFICER. Who yields time?
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from New Mexico controls time.
  Mr. DOMENICI. Madam President, I do not know how we are going to do 
it on that side. Senator Grassley has been waiting a long time, also.
  Mr. President, on behalf of Senator Sasser, I yield 10 minutes to 
Senator Baucus and off our side I yield 10 minutes to Senator Grassley. 
I understand Senator Baucus was here before Senator Grassley, so it 
would have to be in that order.
  The PRESIDING OFFICER. If there is no objection, Senator Baucus will 
be recognized for 10 minutes and following that Senator Grassley for 
another 10 minutes.
  The Senator is recognized for 10 minutes.
  Mr. BAUCUS. I thank the Chair and I thank the Senator from New Mexico 
and the Senator from Iowa, as well.

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