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Suit planned over fish kill at dam Corps taking coho illegally at Elk Creek, groups say By Paul Fattig of the Mail Tribune TRAIL -- Environmental and fishing groups have put the U.S. Army Corps of Engineers on notice that they intend to sue the agency over its take of coho salmon at Elk Creek Dam. The groups, including Rogue Flyfishers and Oregon Trout, say the Corps has caused the illegal take of coho salmon by constructing, operating and maintaining the uncompleted dam. Moreover, it has illegally failed to consult the National Marine Fisheries Service on the impacts on coho salmon posed by hauling fish around the half-finished dam, according to the 60-day notice sent to the corps on Jan. 3. Coho salmon are listed as threatened under the federal Endangered Species Act. "Our purpose is to bring the Corps' operation at the Elk Creek project in compliance with their incidental take permit," explained Jim Myron, conservation director for Oregon Trout. "We believe the Corps is violating the provisions of the take permit, and killing more than allowed in the permit," he added. "We're hoping the Corps will respond and fix the problems (before it gets to court)." Other groups signing the letter of intent include the Oregon Natural Resources Council, Waterwatch of Oregon, Pacific Coast Federation of Fishermen's Associations and the Institute for Fisheries Resources. Corps officials were unavailable for comment Friday evening. The Corps has been trapping and hauling coho salmon around the structure since 1992 after opponents to the dam successfully halted its construction in court, citing the threat to the fishery. Work on the dam started in the early 1980s. The agency had planned to breach the partially completed dam this summer, but U.S. Rep. Greg Walden, R-Hood River, last fall inserted language in the Energy and Water Appropriations Bill that prevented federal funds being used to "notch" -- or cut a hole the dam -- to allow free passage of the fish. The action was taken to provide more time to consider alternatives, Walden explained at the time. But opponents to the dam say breaching it is the best and quickest way to protect the fishery and improve the health of Elk Creek, a tributary to the Rogue River just upstream from the community of Trail. A Corps study also has concluded that notching the dam is now the best course of action. In addition to coho salmon, Elk Creek provides habitat for steelhead trout. The Corps spends $150,000 a year to trap and haul migrating fish around the $108 million structure. The Corps estimates it would cost about $8 million to notch it. Although Congress made no funds available to breach the dam, the Agriculture Committee provided $180,000 to maintain the dam, to plan for its future and to transport fish around the dam. There were 1,078 salmon transported around the dam in 1996-97, compared to 209 in 1993-94. Today's Edition : News | Sports | Business | Weather | Tempo | Classifieds Mail Tribune Copyright � The Mail Tribune 2000, Medford, Oregon USA