I think those are two separate issues...first they are in non-compliance if they do not have federally approved genetic management plans...period. The bar to prove this one is laying on the floor...barely have to step to get over it.

Second, once the plans are approved, then if someone wanted to challenge them as insufficient the burden of proof would be on them (the WFC, presumably) to show that the plans are inconsistent with recovery under the ESA...a very high bar to prove.

The day that PS Chinook were listed and there were not ESA approved plans in hand WDFW was in noncompliance...and every fish they release is in violation of the ESA. (Well, having the plans in a reasonable time, at least).

I suspect that what the WFC would love to do is to have federally approved HGMPs in place, and then sue everyone who came up with and/or approved them, and try to have the entire operation scrapped...but they can't do that until there are approved HGMPs.

I also don't think that playing "hide the HGMP" from the WFC is entirely on accident, either...as long as they weren't being sued the last thing they want is to have their HGMPs up for review by the federal courts.

WFC has forced their hand (after many years) and now it's either get the plans and open them up to scrutiny, or get shut down for not having the plans at all. Either way it is a tough position for WDFW to be in.

Usually sportfishermen are quick to claim that WDFW is violating about six thousand laws at a time every time they do something...here is a situation where they actually are and sportfishermen don't seem to mind one bit, and in fact are upset with what appears to be the only entity right now interested in actually having federally approved hatchery genentic management plans, if only so they can sue over them.

Fish on...

Todd