Originally Posted By: MPM
Regarding whether a permit is needed, it is my understanding that any form of "take" of wild Puget Sound steelhead would require a permit. Perhaps some of the others with more ESA knowledge can confirm that.

If that's the case, even if genetic introgression is low, and the negative effects of introgression are minimal, it seems like it wouldn't be difficult to show that some form of "take" is occurring through the hatchery programs. If that's the case, then I'm not sure how such programs would be in compliance with the ESA.


Here's the ESA definition of "harm" which take falls under. Harm is about as close as you can get to unlawful take as described by you and others.

"Harm in the definition of 'take' in the Act means an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing behavioral patters, including breeding, feeding, or sheltering."

To make the argument that impairing breeding causes take has yet to be brought to court to my understanding. The plaintiffs would need to show direct mortality of listed steelhead in a quantifiable way due to an HxW spawning cross.