Lemme add some context and perspective.

WDFW is NOT at fault here. NMFS is. WDFW submitted everything they were supposed to seven years ago. NMFS sat on it. Why did they sit on it? NMFS has bigger things to deal with. Like getting ESA compliance for the Columbia River dams. And hundreds of hatchery programs in the Columbia Basin and on the Olympic Pen. Indeed, there are lots of ESA issues all around the PNW, and not alot of NMFS staff to deal with them. NMFS has budget cuts, just like every other Federal agency (remember the Sequester?).

Relativily speaking, Chambers Creek steelhead program is small potatos. Really small potatos. Plus nobody was beating on NMFS doors to complete consultation. But now they are. WDFW is caught in the middle. They are on the hook for not having completed the permitting process, not NMFS. But WDFW has done everything they've been asked to do. In my view, that is their defense in court. They've done what they are required to do by law. They cannot unilaterally determine that Chambers Creek steelhead adversely affect wild PS steelhead. Only NMFS can do that. And NMFS has NOT made that determination. So, at this point, nobody can say whether the stocking program has any effect on ESA listed species (except NMFS). Even the WFS cannot say that with any scientific authority. They are only guessing too.

As such, I'm puzzled by the reaction from WDFW. They are presuming that Chambers CReek steelhead have an adverse impact, so they are not going to release them. Seems like they're surrendering before the battle even begins.