In a complaint filed with the US Office of the Special Counsel on October 29, California biologist Michael Kelly alleges that his agency, the National Marine Fisheries Service (NMFS), failed to follow its own procedures for evaluating the impact of a water management plan on endangered species in the Klamath River Basin. If true, the failure would be a violation of the Endangered Species Act (ESA). Since the US Bureau of Reclamation's water management plan was put into effect in September, 30,000 salmon have died in the Klamath River.

As part of the complaint, Kelly filed a request for shelter under the Whistleblower's Protection Act, which shields the government employee from being demoted or terminated because of his complaint. Kelly has declined to speak to the press, however, Karen Schambach, of the Public Employees for Environmental Responsibility (PEER), helped Kelly with his filing. Schambach told the Los Angeles Times that Kelly had been thinking about filing a complaint since the spring, when NMFS completed an evaluation of the Bureau's plan, and that he "agonized" over the decision, knowing the possible consequences to his career.

At issue is how water is allocated from Upper Klamath Lake to commercial farms that operate within the Klamath River Wildlife Refuge. The area has an unusually large amount of commercial farming, occupying some 20,000 acres and consuming over 19 billion gallons of water per year, according to Jim Waltman of the Wilderness Society. His organization, together with nine other conservation groups, has filed suit demanding the US Department of Interior halt farmland irrigation in wildlife refuges in times of drought.

Under provisions of the ESA, the Fisheries Service must formulate a "biological opinion" of any proposed action that could threaten the existence of an already endangered species. In a written statement, Kelly claimed that political pressure prevented the Fisheries Service from conducting the necessary analyses to evaluate the Bureau's water management plan. In addition, Kelly wrote, the bureau knew that its proposed in-stream flows would not support the endangered coho salmon for nine out of ten years that the plan was to take effect. He wrote, "Both the gross mismanagement of the species in this case, and the violation of rule of law also constitute an abuse of authority."

Earlier this year, the National Research Council (NRC) of the National Academy of Sciences weighed-in on the issue at the request of the Interior department. In an interim report, the NRC committee found no clear connection between water levels and adverse effects on endangered species. However, that was before the recent kill-off of salmon. In the committee's full report, due next spring, the panel has been asked to consider the mass mortality.

University of Colorado's William Harris, chairman of the NRC panel, told The Scientist that water level is one of many factors that might have caused the kill-off, and as of now, they don't have the information they would need to determine what caused it. "We don't have any scientific information. We only know in general the kinds of things causing fish kill," he said.

Also weighing-in on Kelly's side are Massachusetts Senator John Kerry, chairman of the Senate's Ocean and Fisheries Subcommittee, and Representative Mike Thompson of California. In a statement released by PEER, Kerry called Kelly a hero and vowed to ensure that he is not punished for his actions. Thompson, who last year introduced legislation that would restore the salmon habitat in five Pacific states, said, "These are alarming allegations that require a full investigation before a congressional panel. If true, the administration must be held fully responsible. We are six months into the administration's 10-year water plan and the result is over 30,000 dead salmon."