Auntie,

The LLTK hatcheries included in our suit were in technical violation of the ESA because they were operating without ESA Authorization (actually they still are).

Everybody involved, including LLTK, WDFW, and NMFS, acknowledge that hatcheries harm or "take" listed fish. That's not the pertinent issue. The issue is whether the "take' is minor enough, or justified enough, or going to get better enough, that the hatchery can qualify for a pass around ESA regulations. Running a good program should get you that authorization; if the LLTK hatcheries are as good as you think, they should get it no sweat. But being good doesn't mean they shouldn't have to apply; they still have to prove they're good.

And Jeez, give me a chance will ya? I hadn't even seen your post when I wa drafting the above reply.

Ramon Vanden Brulle
Washington Trout