Ramprat,

With the adoption of the ESA 4(d) rules, it is indeed now illegal to harm or harrass the endangered chinook.

That said, there are a couple types of permits, called "incidental take permits", which can be obtained. These permits are issued to allow otherwise legal activities that may "incidentally" take an endangered fish.

When it comes to commercial fishing seasons, and recreational seasons as well, rather than requiring an incidental take permit for each fisherman, the state generally gets the incidental take permit to allow it to set such a season. Once the permit is issued to have a season, any activities, such as fishing, that take place under the permit are deemed legal activities.

If there is a perceived problem with conducting a recreational or commercial season due to an endangered fish being present, the way to avert the problem is not to go after the fishermen, but to attack NMFS for issuing a permit to the state to have the season, and to argue that issuing the permit violates the ESA.

I suppose I could go on and on about this topic, and the more I write the more confusing it seems to get, so I'll stop here. I hope this answers your question, at least somewhat. If you have any other questions or would like me to clarify any of the legal gobbledygook above, lemme know.

Anyone fishing the dropping rivers?

Fish on...

Todd.