Portland, Ore.On Friday, September 19, 2024, Wild Fish Conservancy (WFC), The Conservation Angler (TCA), and the Washington Department of Fish and Wildlife (WDFW) submitted a joint consent decree in the Western District Court of Washington to settle claims in an Endangered Species Act (ESA) lawsuit regarding the funding and operation of Mitchell Act and Select Area Fishery Enhancement (SAFE) program hatcheries in the lower Columbia River below Bonneville Dam.
The agreement requires WDFW to take essential measures that will result in more responsible, legally-permissible, and transparent management practices at the Mitchell Act hatcheries they operate. Specifically, the consent decree requires the termination of the Deep River net pens coho program and the non-native Washougal steelhead program, as well as a reduction in the release of Chinook from the Kalama/Fallert program. The agreement also paves the way for collaboration between Washington and Oregon to advance alternative commercial fishing methods, with the goal of reducing hatchery straying and supporting the recovery of wild salmon and steelhead populations.
"The settlement agreement is a favorable outcome for at-risk wild salmon and steelhead populations in the Columbia River. While we are encouraged by this positive development, we remain discouraged by our fishery management agencies' recurring failure to comply with the ESA when managing Columbia River hatcheries."
— David Moskowitz, Executive Director, The Conservation AnglerHow We Got Here
In April 2024, WFC and TCA initiated legal action against WDFW, the Oregon Department of Fish and Wildlife (ODFW), Clatsop County, and NOAA Fisheries under the ESA. The purpose of the lawsuit is to safeguard vulnerable wild fish populations from ongoing documented harm caused by lower Columbia River hatcheries. The complaint argues the defendants are failing to comply with vital limitations and safeguards required by the ESA — limitations recognized by NOAA Fisheries itself as necessary to prevent the extinction of at-risk wild salmon and steelhead.
"We are disheartened that, nearly a decade later, the responsibility for enforcing the ESA continues to require public intervention, and that non-compliant hatchery programs have been allowed to perpetuate harm to wild salmon, steelhead, and Southern Resident killer whales threatened with extinction," said Emma Helverson, Executive Director of Wild Fish Conservancy.
What's Next
The consent decree resolves the claims against WDFW only. WFC and TCA continue to litigate against NOAA Fisheries, ODFW, and Clatsop County to ensure that the region's iconic salmonid species receive the ESA protections they are afforded by law.
The groups are represented by Kampmeier & Knutsen, PLLC of Portland, OR and Seattle, WA, and Rob Kirschner of The Conservation Angler.
Additional Reading
- Press Release: Conservation Advocates Sue Over Lower Columbia River Hatchery Programs Harming Wild Salmon and Hindering Recovery Progress
- Complaint filed April 17, 2024 in Washington's Western District Court
- Joint Proposed Consent Decree (September 19, 2024)
Press Contacts
-
John McMillan
The Conservation Angler
john.mcmillan@theconservationangler.org -
Emma Helverson
Wild Fish Conservancy
(484) 788-1174 · emma@wildfishconservancy.org -
Brian Knutsen
Kampmeier & Knutsen PLLC
(503) 841-6515 · brian@kampmeierknutsen.com
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