I think the state is out of the picture, NMFS is running the show when it comes to the 4d rules that are in affect. The dead bodys are the key here no matter if we are talking about adults or smolt fish kills. The incidental take permits are issued through the feds. So they take the heat of a third party law suit is started. I do believe there are going to be many of these suits out there by enviornmentalist. The sad truth is there are only a few NMFS fish cops around. The East side of Washington only has 2. One office in Wenachee the other in Idaho some where. Then they have two offices in western Washington. Fish on!