Following a legal dispute alleging violation of the Endangered Species Act (ESA) by Washington's hatchery programs, a settlement has been reached among the Washington Department of Fish and Wildlife (WDFW), Wild Fish Conservancy, and The Conservation Angler. The accusation pointed to issues with the Mitchell Act and Select Area Fishery Enhancement (SAFE) programs, specifically those operations in the Columbia River below Bonneville Dam. According to the WDFW statement, the litigation began this past April and included defendants such as the Oregon Department of Fish and Wildlife (ODFW), Clatsop County, and the National Marine Fisheries Service (NMFS).
The agreement, which was the result of negotiations over the summer between the WDFW and the plaintiff conservation groups, covers several key points. Among them, WDFW will be protected from additional litigation relating to alleged past violations of the ESA up until December 31, 2024, and regarding the number of adult hatchery fish in lower Columbia River tributaries until December 31, 2027. In a statement obtained by the said department, the WDFW expresses satisfaction with the settlement, noting, “This agreement allows us to focus on conserving and recovering our salmon, steelhead, adaptively managing our hatcheries, and providing sustainable fisheries."
Other measures agreed upon include steps by WDFW to improve the transparency and availability of information regarding its hatchery operations and the Mitchell Act programs. The organization will also reach out to ODFW to reserve impacts from Washington’s gillnet license buyback program for conservation or mark-selective fisheries and to adjust the authorization cap for alternative fishing gear.
There is also to be a modification or termination of three hatchery programs to line up with potential actions proposed in a forthcoming evaluation of the Mitchell Act and SAFE programs, with NMFS committed to finalizing this assessment by year's end. Caught up in the bureaucratic thicket, the Wild Fish Conservancy and The Conservation Angler are also set to be reimbursed for their attorney’s and expert fees. The essential role of the WDFW, as it articulates, is to "preserve, protect and perpetuate fish, wildlife, and ecosystems while providing sustainable fish and wildlife recreational and commercial opportunities."
