Just recieved this from an attorney friend here in B'ham. The sign of things to come.

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Emergency Petition to Protect Fisheries Habitat

Groups Charge State with Violating Public Trust


Olympia.....Washington’s Department of Fish and Wildlife (WDFW) has failed to protect aquatic habitats, contributing to the rapid decline of the state’s fisheries population, according to an emergency petition filed today by a public employees group and fisheries advocates. The petition, which opens a new legal front in fishery protection, charges that WDFW has not met either its statutory or constitutional obligations.

Filed by Washington Public Employees for Environmental Responsibility (Washington PEER) on behalf of area habitat biologists within WDFW, as well as Washington Trout, Pacific Coast Federation of Fishermen’s Associations, and the Institute for Fisheries Resources, the petition cites agency neglect of its duty to protect fish and their habitats, specifically:

Political interference. The petition outlines numerous examples in which pressure from elected officials has overturned science-based permit decisions.

Inadequate staffing. Habitat biologist positions are left vacant for months; several have been empty for years. Staff have been forced to cover 2 to 3 positions. Shortages force biologists to approve some projects without ever visiting the site or thoroughly reviewing the application.

Poor enforcement. For example, WDFW does not track violations. The agency also has no system to check whether required mitigation is working. On average only 1.9% of requested permits are denied.

Violation of Federal Law. Required field inspections are not being done and as a result, WDFW is violating its responsibility under the Endangered Species Act.

The petition calls for specific remedies including acquiring civil enforcement authority for WDFW, adequate staffing, an improved permitting database, and a protective order to allow WDFW staff to report problems without fear of retaliation. Should the state Fish & Wildlife Commission and WDFW refuse to act, the petition lays out a broad basis for lawsuits to force compliance.

 

More than 40 salmon and steelhead populations have already gone extinct in Washington State. Of the state's remaining stocks, less than half are considered healthy and over three quarters of the bull trout populations face immediate risk of extinction due to habitat loss.

The state's salmon recovery effort, "Extinction is Not an Option" calls for habitat protection and increased enforcement of existing laws. This call to action is reinforced by the federal 4(d) rule that went into effect on January th, which prohibits any acts that could kill or harm threatened salmon and steelhead and allows third parties to sue over violations.

"As long as WDFW fails to implement the law, the salmon recovery effort is a farce," stated WA PEER Director Lea Mitchell, "This petition calls on the state to walk the talk and ensure that extinction is really not an option."

"Washington Trout has for years attempted to work with WDFW to reform the process, unfortunately with little success," commented Kurt Beardslee, the organization’s executive director. " PEER's in-depth assessment of this broken process is excellent, conservative in its statements and comprehensive in its scope."

According to Glen Spain, Northwest Regional Director of the Pacific Coast Federation of Fishermen’s Associations, "The incoming Legislature has an opportunity and an obligation to the people of Washington and to major state industries such as the commercial fishing industry to make good on it’s promises and fully fund WDFW so it can do its job in protecting the public’s resources."

 


Supporting documentation is available from Washington PEER.


Washington PEER is the eleventh field office of PEER-- a national public employee service agency founded eight years ago by public employees . Washington PEER works statewide to provide a safe and effective was for federal, state, and local government employees to confidentially expose and remedy the environmental actions of their agencies.


Contact: Lea Mitchell (360) 528-2110


Washington Trout is a statewide non-profit conservation organization dedicated to the preservation and recovery of Washington's wild salmon, trout, char, and their habitats. Washington Trout has extensive experience evaluating the status and needs of fisheries habitats. Contact: Kurt Beardslee (425) 788-1167


The Pacific Coast Federation of Fishermen's Associations (PCFFA) is the largest trade association of commercial fishermen on the west cost, representing the interests of commercial fishing families from San Diego to Alaska. The Institute for Fisheries Resources is a non-profit organization working with PCFFA dedicated to the study, protection, and enhancement of marine and anadromous biological resources on the Pacific Coast of the United States and Canada. Contact: Glen Spain, (541) 689-2000.

Hey Robbo, is this good or bad? Does this just mean that the sporties will get a lower share of the fish as far as catch and release goes, or will this ultimately address indiscriminate netting of fish in the rivers? What's your take on this?

This will do nothing to eliminate the netting that goes on, as one of it's sponsors is the Pacific Coast Federation of Fishermans Associations. It's mostly about habitat and the issues that surround any and all habitat destruction that has occurred on WDFW's shift, and what has or hasn't been done by WDFW to prevent it. The bad thing about these third party lawsuits are that they have the potential to mire the department down with so much muck that it could seriously slow things down for the rest of us. Good will come of it, too.

Robbo-not to distract from the subect--thanks for that info. But my question is have you had the girlfriend out on the river lately-or did she pop a hole? SRBC

Jeffro

Ah, man! You had to bring that up, COHO. With a tear in me eye, I sent her back to the manufacturer to have surgery on a faulty seam. They just don't build those things to handle the kind of workload (235 lbs) and stress that we put them through around here. Hopefully she'll be back soon (as there's still a few eagle watchers up there that want to see her). SRBC!

Maybe the WDFW Commission should have been more worried about managing the resources Washington still had than trying to run Shanks out of town on a rail. To me, he seemed more concerned with wild salmon and steelhead than trying to go to bed with commercial fishing interests.He was the one guy who stood up to commercial bycatch onslaught and the tribes refusal to mass marking. When the Commission "fired" him, I gave up on fishing ever becoming good again.

DaveD