I want to clear up a misunderstanding that Auntie seems to have about how the citizen-suit provision of the ESA works.

Under the provision, any citizen can sue any entity for violating any number of "sections" of the ESA. We sued WDFW for violating section-9, which lists all the ways that someone can "take" a listed species, that is, killing, harming, harrassing, etc. When a species is lsited as Endangered, it is illegal to "take" one, period. When a species is listed as Threatened, it is essentialy illegal to take one without peremission (it's a little more complicted that that, but bear with me).

Unfortunately, we could not ask the court to say, order changes to hatchery practices, or force WDFW to apply for permission under the ESA to operate the hatcheries. Under the citizen-suit provision, we can only seek injunctive relief. That is the court can only order the defendant to cease the take; it can't impose conditions, or levy fines, or make WDFW do anything. It can only enjoin the practice resulting in the take, in this case the operation of the hatcheries. then WDFW has to decide whether it can make changes that would satisfy the court that it was no longer breaking the law.

WT asked the court for the only thing it could ask for. Once negotiations started with WDFW, we could start being more flexible and subtle.

Ramon Vanden Brulle
Washington Trout