SALEM, OR – In a victory for tribes and conservation groups, an Oregon appeals court has overturned a state rule critics said weakened protections for migratory fish, like salmon and steelhead.

The 2022 rule allowed dam operators to trap and truck fish around dams instead of upgrading the structures to ensure safe passage for the fish. It was challenged by two Northwest tribes, including the Confederated Tribes of the Umatilla Indian Reservation, and several nonprofits.

Kat Brigham, chair of the Umatilla board of trustees, said the rule was changed without their input and fish need to be able to navigate the dams to support healthy populations.

“It creates the natural path for our salmon to get back to their habitat,” Brigham explained. “The ‘trap and haul’ does not work. And so we were really pleased with the court decision to say there was lack of public involvement.”

The court found the Oregon Department of Fish and Wildlife failed to notify tribes or the public before adopting the rule. The decision reinstates the state’s long-standing requirement barriers be upgraded so fish can swim past freely. Dam operators have contended installing and maintaining fish passage equipment is expensive and can make dams less efficient.

Research has shown the policy of trapping and trucking fish around dams has a much lower survival rate for salmon and other migratory fish like steelhead, sturgeon and lamprey. Brigham noted the Umatilla have had a strong relationship with the department for years, and working together is key to restoring fish habitat for everyone in the region.

“I know they’re in the process of considering an appeal,” Brigham observed. “We’re hoping they don’t do that because (it is) too much time in court when we can be working together.”

Various efforts have been underway in Oregon to open up fish migration paths and Brigham pointed out there is still a lot of work to be done. Some dams need to be completely removed, while others require new fish ladders or other upgrades. Brigham emphasized the Umatilla continue to fight for the U.S. government to uphold its end of an 1855 treaty, which promised their traditional foods, including salmon, would be protected.