For anyone who hasn't read WFC's complaint, it's worth a read: http://wildfishconservancy.org/copy_of_news/in-the-news/001.0.complaintchamberscreek3_31_2014.pdf/

WFC's complaint alleges "Defendants’ Chambers Creek steelhead hatchery programs harm, harass, kill, and otherwise 'take' threatened Puget Sound Chinook salmon, threatened Puget Sound steelhead, and threatened bull trout (collectively, “threatened salmonids”) through a variety of mechanisms, including through genetic introgression, ecological interactions, broodstock collection activities, facility effects, monitoring and evaluation activities, and disease transmission."

The complaint then explains how each type of "take" allegedly occurs. Unless WDFW denies that any wild Puget Sound steelhead are harmed, harassed, or killed through *any* of these mechanisms (which I doubt it could do in good faith), it looks to me like they need a permit from NMFS to run their hatchery programs.

That said, while I am a lawyer, I am by no means an environmental lawyer and my only experience with the ESA is as an interested angler, not professionally.