Mike G. - In my view, your first option is the best course of action. List both hatchery and wild stocks. The basis for the listing would be the intent of the ESA, which is to protect the ecosystem (i.e, the habitat) that supports these animals (or plants). The intent is not to produce as many animals or plants as can be created artifically. So no matter how many salmon there are in the hatcheries, there still may not be enough to justify de-listing the stock, given the intent of the ESA. So, my suggestion is for NMFS to list both hatchery and wild salmon.

But the next question becomes "Does that mean we anglers/tribes/commercial folks can't catch any salmon since both hatchery and wild fish are listed?" The answer is yes, unless NMFS issues special regulations to the States of Oregon and Washington (and the tribes) governing the taking of listed fish. This is called a 4(d) rule (from section 4(d) of the ESA). 4(d) rules authorize the taking of listed species (sort of) provided the State abides by the rules. These rules usually contain strict conservation measures to ensure affects to listed species are minimized. If NMFS did this, anglers/tribes/commercials could still fish, provided they target hatchery salmon (presumably) and abide by whatever 4(d) rules that NMFS establishes.

The catch is that 4(d) rules can only be established for threatened species or stocks. If a species/stock is listed as endangered, NMFS can't do a 4(d) rule for that stock. Therefore, fishing for that stock would not be authorized, particularly since it can't qualifiy under incidental take coverage either because fishing is not incidental take, it would qualify as direct take. But that's another story....

So, if you're looking for a position for your organization, my suggestion is to look into the pros and cons of having NMFS list both hatchery and wild salmon and then develop 4(d) rules for threatened stocks that include a hatchery componet. That would allow the ESA protections to remain in place but also allow a fishery to continue.

But most of all, don't take my word for it. Ask around. On this BB, Salmo g can probably give you an informed opinion too. Good luck.