Federal court dismisses suit against Elwha hatchery

A federal judge has thrown out a suit against the Lower Elwha Klallam Tribe’s hatchery plan.

Settle found that the suit was moot because, since the suit was filed, the tribe had obtained permits from federal fisheries officials to carry out programs at its hatchery, leaving no question to settle.

“It speaks for itself,” said the tribe’s lawyer, Steven Suagee. “The initial complaint had been that the tribe didn’t have the approvals for these hatchery programs, and now we do.“

The tribe, while not conceding that the fish cause harm to wild stocks, announced in December to federal officials that it has ended its Chambers Creek program and will not be reviving it.

Kurt Beardslee, of the Wild Fish Conservancy, said the nonprofit, which took the lead in the suit, intends to appeal.

And.....

The tribe is negotiating with federal fisheries officials to be able to fish native Elwha steelhead after the moratorium even if those fish are still listed for protection under the Endangered Species Act, if doing so does not set back recovery.

LINK (via: The Seattle Times)

See you in court

The Wild Fish Conservancy, The Conservation Angler, the Federation of Fly Fishers Steelhead Committee and the Wild Steelhead Coalition have ramped up their efforts to prevent the releases next spring of hatchery-bred steelhead and coho salmon smolts during the ongoing $325 million Elwha River salmon restoration project.

The groups filed requests last week in federal District Court in Tacoma for a preliminary injunction and a partial summary judgment to prevent the releases, saying the plans should be reviewed for compliance with the federal Endangered Species Act, or ESA, and that they would harm species listed as threatened under the act.

In their request for an injunction, the groups want to halt a planned April release of about 175,000 steelhead smolts and about 425,000 hatchery coho salmon smolts from the Lower Elwha Klallam hatchery into the Elwha River, much of which is in Olympic National Park.

LINK (via: The Penninsula Daily)

Study: California must improve salmon, steelhead hatcheries

All current research suggests that hatchery salmon and steelhead degrade the runs of their wild counterparts. Now a major 2 year study has determined that California needs to dramatically reform its fish hatcheries in order to maintain healthy salmon and steelhead populations. 

LINK (via: The Miami Herald)

Bonk Hatchery Steelhead Shirts Available Here

Homewaters Require Vigilance

"Anyone who fishes for salmon or steelhead has a responsibility, I believe, right now, to stand up and make their voice heard." - John Larison

Via: Native Fish Society

Take Action! Oppose hatchery spring chinook acclimation facility on the Molalla River

The Native Fish Society has put out an action alert regarding a Coastal Conservation Alliance (CCA) application to build an acclimation facility for hatchery spring chinook on the Molalla River.

Needless to say this is a bad idea.

If constructed this facility would increase hatchery and harvest pressures on all fish species in the Molalla River, including populations of resident trout, ESA listed wild winter steelhead, and ESA-listed wild spring chinook.

Before making their recommendation to the ODFW Commissioners on this project, the R&E Board is considering comments from the public, that is where you come in.

PLEASE take action HERE via the Native Fish Society website.

Lawsuit Filed to Block Elwha Hatchery Program

The current plan for restoring the andromous fish runs on the Elwha River relies heavily on hatchery programs despite evidence that the wild runs will rebuild themselves naturally. Federal and state scientists, as well as the state's own Hatchery Study Research Group, have stated that restoration efforts should prioritize the recovery of wild fish. The removal of the Elwha dams is a defining moment in the history of river restoration and we can't afford to squander the opportunity.

Please consider supporting one of the groups that filed the suit, the press release is below.

Patagonia Fly Fishing Ambassdor Dylan Tomine eloquently sums up what's at stake and why we should let nature take its course.

For Immediate Release: Thursday, February 9, 2012

WILD FISH CONSERVANCY
PO Box 402 Duvall, WA 98019 • Tel 425-788-1167 • Fax 425-788-9634 •
info@wildfishconservancy.org

Contact: Kurt Beardslee, Wild Fish Conservancy, 206-310-9301
Brian Knutsen, Smith and Lowney, PLLC, 503-287-4194

Citing warnings from agency and independent scientists, four conservation groups filed suit today against several federal agencies and officials of the Lower Elwha Klallam Tribe (in their official capacities) for violating the Endangered Species Act (ESA) and ignoring the best available science and threatening the recovery of killer whales, Chinook salmon, and native steelhead by funding and operating fish hatchery programs in the Elwha River. The groups agree with federal and state scientists and a recent review by the Hatchery Scientific Review Group (HSRG) that restoration of the lower Elwha River and recolonization of the pristine upper Elwha River above Elwha and Glines Canyon dams should prioritize recovery of wild fish. The proposed reliance on large-scale hatchery releases undermines ecosystem recovery and violates the ESA. Wild Fish Conservancy, The Conservation Angler, the Federation of Fly Fishers Steelhead Committee, and the Wild Steelhead Coalition have brought the suit against the Olympic National Park, NOAA Fisheries Service, the U.S. Fish and Wildlife Service, and representatives of the Lower Elwha Klallam Tribe.

The federal government is spending nearly $325 million for the dam removal project, opening nearly ninety miles of pristine riverine habitat in Olympic National Park, much of which is designated a wilderness area. Rather than allowing wild salmonids to naturally colonize this pristine habitat, the agencies and the Tribe are going ahead with a plan that will release approximately four million juvenile hatchery salmonids annually throughout the recovery, including the continued release of non-native steelhead during a five-year fishing moratorium. The hatchery releases will be supported by a new fish hatchery on the Elwha River built with $16.4 million of Stimulus Act funds. State and federal agency scientists pointed out that the current plan gives no measureable goals for wild fish recovery, provides no timetable for ceasing the hatchery production, and that ultimately, wild fish recovery is going to be hampered by the hatchery fish. A review released this week by the independent Hatchery Scientific Review Group (HSRG), which was organized and funded by Congress, has echoed these concerns.

“While the Tribe played an essential role in removing the dams,” said Kurt Beardslee, Executive Director of Wild Fish Conservancy, “their intent to now plant millions of hatchery fish in disregard of the scientific evidence undermines salmon recovery in the Northwest and the goals of the ESA. However you look at it, it’s a horrible precedent if left to stand.”

Will Atlas, chair of the FFF Steelhead Committee, stated “The science does not support planting of hatchery fish into this productive, pristine habitat.”

“This action is necessary,” said Rich Simms, president of the Wild Steelhead Coalition, “so that wild, not hatchery, steelhead will be restored to the Elwha and the Olympic Wilderness."

“Their plan is vague and uncertain about how and when these hatchery interventions will end,” said Pete Soverel, president of The Conservation Angler. “The Elwha deserves far better but will end up compromised like most of our other rivers if this plan is implemented.”

The groups believe that spending $325 million to open a wilderness watershed but then stocking it with hatchery fish is poor public policy and will likely provoke taxpayer skepticism toward salmon recovery and future efforts at dam removal. The groups support the right of the Lower Elwha Klallam Tribe to harvest salmon and steelhead, but argue that intensive hatchery production throughout the recovery will reduce the capacity of wild salmon and steelhead to recolonize the newly available habitat, harming ESA listed Puget Sound steelhead, Chinook salmon, and southern resident killer whales that depend on Chinook salmon for their survival.

The groups are represented by Smith and Lowney, PLLC, of Seattle.

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