I agree with the point that someone made above that WDFW is NOT the agency to bash on here. They have no jurisdiction to do anything about tribal fisheries, especially a legal one (disgusting, yes, illegal, no).

Here's a possible angle, though. If fish are removed from a net, stripped, and tossed back in, the boat that they are tossed out of may be a "point source" under the Clean Water Act. As such, it would need a permit from the EPA to discharge a "pollutant" (fish carcasses) into a navigable waterway (Hood Canal).

The CWA is, of course, a federal law, and does indeed apply to the tribes.

Anyone know any attorneys at the Department of Justice? Anyone feel like making a citizen complaint under the Clean Water Act to force the EPA to regulate the dumping of salmon carcasses from tribal fishing boats?

Mike, this seems more up the RFA's alley than mine. Any interest?

Just a thought. I know the WDFW/AGO has considered regulating net pens as point sources under the CWA due to the waste produced by fish in the pens. This seems even more obvious.

Maybe someone ought to try the Attorney General's Office and see if they can bend an ear.

Fish on...

Todd.
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