I have read through the Settlement Agreement dated May 9th and signed May 12th between Washington Trout, Native Fish Society, WDFW and all WDFW commissioners, and director Koenings. What I have to say is a casual observation for now because this document is heavy on the legaleze and double talk. I have dial up service so posting all 14 pages is prohibitive for me. Perhaps someone else will do so.

It appears that what has been proclaimed as "public review" is really mostly Washington Trout review of hatchery practices. Washington Trout alone will have access to Puget Sound hatcheries for inspections, photographs and evaluation. The public review process will be basically a notice posted in the State register and on the WDFW website offering the public a chance to comment on the HGMP and joint RMPs. The agreement does not bind the director to make changes to the WDFW HGMP as a result of any comments. The agreement does seem to offer WT many legal remedies including future lawsuits but it does prevent WT from assisting others in suing WDFW: "Washington Trout shall make no effort to encourage and shall in no way assist, any other entity or person in the filing of a similar lawsuit against Defendants during the term of this agreement." It doesn't say that they can't assist others in other states like Oregon where parties to this lawsuit are hard at work helping others to threaten to sue ODFW for the same type of things.

Comments and responses will be made a part of submissions to NOAA. The agreement has a clause called "SUPPORT" which says: "The Parties agree to support this Agreement and not make public statements inconsistent with the spirit of this Agreement." The term of the agreement is 10 years.

Hopefully after review by an environmental attorney who is not biased like I am, a more thorough analysis of the settlement can be made. I hope it is an instrument for the public good and not simply an instrument to advance an extreme and narrow cause. Time will tell.
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