Originally Posted By: OncyT

I find this thing more interesting as I learn more about it. I just looked up the settlement of the lawsuits against WDFW files by Washington Trout in 2002 and 2003 over operation of some of their hatchery programs. One of the rationales for the current lawsuits (2014) is that in the out of court settlement, Washington Trout/WFC agreed to not bring suit against WDFW for over operation of their Puget Sound hatcheries.

Here is Todd's quote about this settlement: "After some haggling WDFW and WT/WFC settled out of court...and WFC agreed to lay off suing WDFW over this issue...which WDFW was blatantly and admittedly in direct violation of...for ten years."

I just looked up the settlement agreement posted on the WSC website, and the way I read it, there is no specific number of years for which this settlement is valid. Instead it appears to say that the terms of this settlement last as long as it takes for NOAA to complete its review and issue its final determination regarding approval (under 50 C.F.R. § 223.203(b) and/or 50 C.F.R. § 223.209) of Joint RMPs, HGMP, or HGMPs for WDFW PS hatchery programs.

I hereby admit that I am not now nor ever have been an attorney of any sort, and perhaps the WSC posted the incorrect agreement to its website, but based on what is posted, it appears to me that by bringing this latest lawsuit, WSC violates that settlement agreement - an agreement that is valid as long as it takes for NOAA to complete its review.

See paragraph 7 of this settlement agreement from the WSC website which defines the expiration of the release and hold harmless provisions of the agreement:

WSC settlement agreement with WDFW over 2002 & 2003 lawsuits




Read the last section (#22). It specifically says: " TERM OF THE AGREEMENT: This Agreement shall remain in force and effect for ten years from the Effective Date. It shall then expire automatically."

I would take it that since this settlement was finalized on May 9, 2003 that means it expired on May 9, 2013. This seems right in line with what Todd posted.

It seems you might have jumped to an incorrect conclusion OncyT. Need to read the whole settlement.


Edited by rojoband (04/17/14 12:40 PM)