Floodwater overtopped salmon hatcheries
Appeal Brief
Appeal Letter
Appeal Analysis
PURPOSE: To obtain signature on a letter granting reimbursement for eligible costs on the Washington Department of Fish and Wildlife's third appeal
DISCUSSION: Following the flooding caused by winter storms in February 1996, FEMA prepared three DSRs totaling $367,190 to reimburse the State of Washington Department of Fish and Wildlife the cost of fish lost when rearing ponds were flooded at three hatcheries. Upon review, FEMA found the DSRs ineligible because fish of the same size were not available for procurement to replace the lost fish, and rearing replacement fish in the same hatcheries as were used for the normal rearing was not practical. The Regional Director denied the first appeal because replacement was impossible. The applicant submitted a second appeal citing that FEMA reimbursed for fish loss in previous disasters. The Executive Associate Director determined that it cannot be shown that the Department suffered a loss because the flooded fish represented a premature release into the natural environment. In the third appeal, the applicant stated that scientific studies have shown that fish prematurely introduced into an environment incapable of sustaining them have a zero level of survival. The Department proposed rearing the fish on hand to a larger size before releasing them, and to adjust the release time to increase survival rates to ameliorate the loss. The Stafford Act and 44 CFR 206.226 provide for the replacement of public facilities and any equipment and furnishings of these facilities. The Department has sufficiently demonstrated that as a result of FEMA-1100-DR-WA the fingerlings had close to zero level of survival. To ensure consistent interpretation and application of the Stafford Act and its implementing regulations FEMA should reimburse the Department the cost of replacing the fish that were lost.
RECOMMENDED ACTION: Sign the letter responding to the Department's third appeal.
Floodwater overtopped electrical equipment and pumps at the Lewis River Hatchery on February 9, 1996. Consequently, the pumps did not recycle the water in the rearing ponds for three days. The subsequent reduction of dissolved oxygen, and increase in silt concentration in the rearing ponds resulted in high fish mortality. Similarly, the floodwater overtopped the rearing ponds at the Issaquah Creek Hatchery, and the Soos Creek Hatchery flooding several hundred thousand juvenile salmon from the ponds. When the flood receded, most of the fingerlings were trapped in pools and basements or were found dead on lawns and in fields. The fish, which hatched from eggs fertilized at varying times between late August and early November 1995, were scheduled to be released into the respective waterways on April 1, at the Lewis River Hatchery and on May 1, 1996, at both the Issaquah and Soos Creek Hatcheries. FEMA prepared Damage Survey Reports (DSRs) 34561, 91769 and 21221 to reimburse the State of Washington Department of Fish and Wildlife (Department) the cost of replacing the fish that were lost. Upon review, the regional staff determined that the DSRs were ineligible because it was impossible to replace the lost fish.
First Appeal
In a July 30, 1996, letter the Department appealed the ineligible determination to the State of Washington Emergency Management Division (WEMD). The Department asserted that FEMA should reimburse the facility for its losses because the fish were being reared in a controlled environment that required expenditures for staff time, feed, and other necessary care. WEMD forwarded the appeal with an October 25, 1996, letter recommending approval stating that FEMA recognized the impacts of fish loss in past disaster events by paying for the actual weight of fish lost. The Regional Director denied the appeal, in a December 3, 1996, letter to the State, on the grounds that it was impossible to replace the lost fish because fish of comparable size and age were not available for procurement, and it was impractical to raise replacement fish in the same hatcheries that were being used for the normal production of fish for later release.
Second Appeal
The Department submitted a second appeal to WEMD on January 3, 1997. In the second appeal letter, the applicant challenged FEMA's assertion that the lost fish cannot be replaced. They proposed to ameliorate the future effects of the loss by rearing the fish on hand to a larger size before releasing them, and adjusting the release time to increase survival rates. This strategy would supplement the population of natural salmon returning to spawn in 3 to 5 years with a greater proportion of captively hatched salmon. WEMD forwarded the appeal on March 18, 1997, with its recommendation for approval. In a September 11, 1997, response, the Executive Associate Director determined that there was no evidence to support the claim that the hatcheries suffered damage, or that the Department suffered any loss from the event because the flooding of the fish from the hatcheries simply represented a premature release of the fish into the natural environment, which was the ultimate goal of the program.
In a third appeal, submitted on November 14, 1997, the Department claimed that the second appeal determination was based on flawed logic and severe misconceptions about the salmon hatching program. The Department asserted that scientific studies and evaluations demonstrate that the premature introduction of the juvenile salmon into the local environment during a flood results in a zero level of survival. Since the early 1970's, the Department has conducted studies quantifying the number of salmon returning under various environmental conditions. Under normal conditions, statistical data indicate that approximately 10% of the salmon released eventually return to spawn. When the salmon are released during a flood, the percent returning drops to about 8%. For fingerlings released prematurely, in early February, the Department would expect no more than 2% to survive and return to spawn several years later. Therefore, the Department concludes that these data suggest that no more than 0.16% of the fingerlings that flooded from the ponds in February 1996, will ultimately return to spawn.
Discussion
The Department requests that FEMA reimburse them for staff time, feed, and various other costs associated with rearing the fish from procurement of eggs until the date of the flood. They propose that the total cost of replacing the fish can be obtained by multiplying the number of lost fish by a ratio of fish per pound. This value representing the number of total pounds of fish would then be multiplied by a derived ratio of dollars per pound of salmon.
I acknowledge the Department's loss of staff time, feed, and other operating costs; however, FEMA is not authorized to reimburse the increase in operating expenses incurred by rearing these fish. I agree with the Regional determination that it was impossible to replace the lost salmon with fish of similar size and age, therefore obtaining replacement fish through the catching of adult salmon, fertilizing of eggs, and incubation of these eggs until they hatch is eligible for federal disaster assistance. The Department's studies indicate 0.16% of the fish flooded from the ponds at the Issaquah and Soos Creek Hatcheries would be expected to survive and eventually return to spawn; accordingly, under normal conditions, assuming a 10% return rate, this would represent a release of 1.6% of the total number of salmon lost. Therefore, FEMA recognizes 98.4% of the salmon lost from these two hatcheries as well as 100% of those which died in the Lewis River Hatchery as eligible for replacement.
The number of salmon eligible for replacement at each facility is as follows:
Conclusion
The Department has demonstrated a quantifiable loss of fish as a result of the disaster and should be reimbursed the cost of obtaining replacement stock pursuant to 44 CFR 206.226 which provides for the replacement of contents of eligible public facilities. The appeal is granted for the described scope of work. The Regional Director will prepare a DSR upon submission of the cost data listed above within 60 days of receipt of this decision.
Appeal Brief
| Disaster | FEMA-1100-DR |
| Applicant | State of Washington Department of Fish and Wildlife |
| Appeal Type | Third |
| PA ID# | 001-92101 |
| PW ID# | 34561, 91769, 21221 |
| Date Signed | 1998-11-16T05:00:00 |
DISCUSSION: Following the flooding caused by winter storms in February 1996, FEMA prepared three DSRs totaling $367,190 to reimburse the State of Washington Department of Fish and Wildlife the cost of fish lost when rearing ponds were flooded at three hatcheries. Upon review, FEMA found the DSRs ineligible because fish of the same size were not available for procurement to replace the lost fish, and rearing replacement fish in the same hatcheries as were used for the normal rearing was not practical. The Regional Director denied the first appeal because replacement was impossible. The applicant submitted a second appeal citing that FEMA reimbursed for fish loss in previous disasters. The Executive Associate Director determined that it cannot be shown that the Department suffered a loss because the flooded fish represented a premature release into the natural environment. In the third appeal, the applicant stated that scientific studies have shown that fish prematurely introduced into an environment incapable of sustaining them have a zero level of survival. The Department proposed rearing the fish on hand to a larger size before releasing them, and to adjust the release time to increase survival rates to ameliorate the loss. The Stafford Act and 44 CFR 206.226 provide for the replacement of public facilities and any equipment and furnishings of these facilities. The Department has sufficiently demonstrated that as a result of FEMA-1100-DR-WA the fingerlings had close to zero level of survival. To ensure consistent interpretation and application of the Stafford Act and its implementing regulations FEMA should reimburse the Department the cost of replacing the fish that were lost.
RECOMMENDED ACTION: Sign the letter responding to the Department's third appeal.
Appeal Letter
November 16, 1998
Ms. Donna J. Voss
Alternate Governor's Authorized Representative
State of Washington Military Department
Emergency Management Division
P.O. Box 40955
Olympia, Washington 98504-0955
Dear Ms. Voss:
This is in response to your November 25, 1997, letter to the Federal Emergency Management Agency (FEMA). With that letter, you forwarded the third appeal of Damage Survey Reports (DSRs) 34561, 91769 and 21221, under FEMA-1100-DR-WA on behalf of the State of Washington Department of Fish and Wildlife (Department). The Department is requesting that FEMA reverse the Executive Associate Director's determination that these three DSRs, totaling $367,190, are ineligible for reimbursement.
After a thorough review of the documentation submitted, I have determined that the Department did suffer a loss when rearing ponds at three hatcheries flooded. To replace the fingerlings that were lost, FEMA approves the eligible costs associated with catching adult salmon, obtaining fertilized eggs and the necessary incubation of those eggs until they hatch. By copy of this letter, I am requesting that the Regional Director prepare a DSR for the cost of hatching 262,480 Coho and 839,100 Chinook Salmon. The basis for my determination is contained in the enclosed appeal analysis. Please inform the applicant of this decision.
Sincerely,
/S/
James L. Witt
Director
Enclosure
cc: David L. de Courcy
Regional Director
FEMA Region X
Ms. Donna J. Voss
Alternate Governor's Authorized Representative
State of Washington Military Department
Emergency Management Division
P.O. Box 40955
Olympia, Washington 98504-0955
Dear Ms. Voss:
This is in response to your November 25, 1997, letter to the Federal Emergency Management Agency (FEMA). With that letter, you forwarded the third appeal of Damage Survey Reports (DSRs) 34561, 91769 and 21221, under FEMA-1100-DR-WA on behalf of the State of Washington Department of Fish and Wildlife (Department). The Department is requesting that FEMA reverse the Executive Associate Director's determination that these three DSRs, totaling $367,190, are ineligible for reimbursement.
After a thorough review of the documentation submitted, I have determined that the Department did suffer a loss when rearing ponds at three hatcheries flooded. To replace the fingerlings that were lost, FEMA approves the eligible costs associated with catching adult salmon, obtaining fertilized eggs and the necessary incubation of those eggs until they hatch. By copy of this letter, I am requesting that the Regional Director prepare a DSR for the cost of hatching 262,480 Coho and 839,100 Chinook Salmon. The basis for my determination is contained in the enclosed appeal analysis. Please inform the applicant of this decision.
Sincerely,
/S/
James L. Witt
Director
Enclosure
cc: David L. de Courcy
Regional Director
FEMA Region X
Appeal Analysis
BackgroundFloodwater overtopped electrical equipment and pumps at the Lewis River Hatchery on February 9, 1996. Consequently, the pumps did not recycle the water in the rearing ponds for three days. The subsequent reduction of dissolved oxygen, and increase in silt concentration in the rearing ponds resulted in high fish mortality. Similarly, the floodwater overtopped the rearing ponds at the Issaquah Creek Hatchery, and the Soos Creek Hatchery flooding several hundred thousand juvenile salmon from the ponds. When the flood receded, most of the fingerlings were trapped in pools and basements or were found dead on lawns and in fields. The fish, which hatched from eggs fertilized at varying times between late August and early November 1995, were scheduled to be released into the respective waterways on April 1, at the Lewis River Hatchery and on May 1, 1996, at both the Issaquah and Soos Creek Hatcheries. FEMA prepared Damage Survey Reports (DSRs) 34561, 91769 and 21221 to reimburse the State of Washington Department of Fish and Wildlife (Department) the cost of replacing the fish that were lost. Upon review, the regional staff determined that the DSRs were ineligible because it was impossible to replace the lost fish.
First Appeal
In a July 30, 1996, letter the Department appealed the ineligible determination to the State of Washington Emergency Management Division (WEMD). The Department asserted that FEMA should reimburse the facility for its losses because the fish were being reared in a controlled environment that required expenditures for staff time, feed, and other necessary care. WEMD forwarded the appeal with an October 25, 1996, letter recommending approval stating that FEMA recognized the impacts of fish loss in past disaster events by paying for the actual weight of fish lost. The Regional Director denied the appeal, in a December 3, 1996, letter to the State, on the grounds that it was impossible to replace the lost fish because fish of comparable size and age were not available for procurement, and it was impractical to raise replacement fish in the same hatcheries that were being used for the normal production of fish for later release.
Second Appeal
The Department submitted a second appeal to WEMD on January 3, 1997. In the second appeal letter, the applicant challenged FEMA's assertion that the lost fish cannot be replaced. They proposed to ameliorate the future effects of the loss by rearing the fish on hand to a larger size before releasing them, and adjusting the release time to increase survival rates. This strategy would supplement the population of natural salmon returning to spawn in 3 to 5 years with a greater proportion of captively hatched salmon. WEMD forwarded the appeal on March 18, 1997, with its recommendation for approval. In a September 11, 1997, response, the Executive Associate Director determined that there was no evidence to support the claim that the hatcheries suffered damage, or that the Department suffered any loss from the event because the flooding of the fish from the hatcheries simply represented a premature release of the fish into the natural environment, which was the ultimate goal of the program.
In a third appeal, submitted on November 14, 1997, the Department claimed that the second appeal determination was based on flawed logic and severe misconceptions about the salmon hatching program. The Department asserted that scientific studies and evaluations demonstrate that the premature introduction of the juvenile salmon into the local environment during a flood results in a zero level of survival. Since the early 1970's, the Department has conducted studies quantifying the number of salmon returning under various environmental conditions. Under normal conditions, statistical data indicate that approximately 10% of the salmon released eventually return to spawn. When the salmon are released during a flood, the percent returning drops to about 8%. For fingerlings released prematurely, in early February, the Department would expect no more than 2% to survive and return to spawn several years later. Therefore, the Department concludes that these data suggest that no more than 0.16% of the fingerlings that flooded from the ponds in February 1996, will ultimately return to spawn.
Discussion
The Department requests that FEMA reimburse them for staff time, feed, and various other costs associated with rearing the fish from procurement of eggs until the date of the flood. They propose that the total cost of replacing the fish can be obtained by multiplying the number of lost fish by a ratio of fish per pound. This value representing the number of total pounds of fish would then be multiplied by a derived ratio of dollars per pound of salmon.
I acknowledge the Department's loss of staff time, feed, and other operating costs; however, FEMA is not authorized to reimburse the increase in operating expenses incurred by rearing these fish. I agree with the Regional determination that it was impossible to replace the lost salmon with fish of similar size and age, therefore obtaining replacement fish through the catching of adult salmon, fertilizing of eggs, and incubation of these eggs until they hatch is eligible for federal disaster assistance. The Department's studies indicate 0.16% of the fish flooded from the ponds at the Issaquah and Soos Creek Hatcheries would be expected to survive and eventually return to spawn; accordingly, under normal conditions, assuming a 10% return rate, this would represent a release of 1.6% of the total number of salmon lost. Therefore, FEMA recognizes 98.4% of the salmon lost from these two hatcheries as well as 100% of those which died in the Lewis River Hatchery as eligible for replacement.
The number of salmon eligible for replacement at each facility is as follows:
Conclusion
The Department has demonstrated a quantifiable loss of fish as a result of the disaster and should be reimbursed the cost of obtaining replacement stock pursuant to 44 CFR 206.226 which provides for the replacement of contents of eligible public facilities. The appeal is granted for the described scope of work. The Regional Director will prepare a DSR upon submission of the cost data listed above within 60 days of receipt of this decision.
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