Once the Feds certify that WDFW is in compliance with the ESA then the WFC would need to sue the Feds, the burden of proof would be on the WFC to prove that the program was not in compliance with the ESA, and the program would continue operating while that (hypothetical) lawsuit was taking place.

As it is right now WDFW is considering suspending planting winter steelhead in PS streams for one simple reason: They have no permit to operate it.

Here's all that's required in a lawsuit as things stand right now:

WFC files NOI to sue, and then files suit after the waiting period is over.

They allege that WDFW has no permit and is therefore in violation of the ESA and seeks summary judgment on that point.

The Court asks WDFW if it is true that they have no permit.

WDFW answers "No, we do do not have a permit".

Case over, in five minutes. Operation is halted. Costs to WFC.

Who's fault is it that we are in this situation now?

The WFC's? May as well blame the Pope and starving children in Africa, too...they had just as much to do with the failure to get a permit as the WFC did.

Fish on...

Todd