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ESAblawg is an educational effort by Keith W. Rizzardi. View Keith Rizzardi's profile on LinkedIn Photos or links may be copyrighted; otherwise ESAblawg is published with a Creative Commons License.

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Keith Who?

Keith W. Rizzardi, an alumnus of the U.S. Department of Justice wildlife section, is an attorney for the South Florida Water Management District and works on Everglades issues. A past chair and active member of The Florida Bar Government Lawyer Section, he earned board certification in State & Federal Government & Administrative Practice.

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florida gators... never threatened!

If you ain't a Gator, you will be, because gator blood looks like our pharmaceutical future. Click here to read the relevant ESA musing.gatorlogo2.gif

Thanks, Kevin.

KEVIN S. PETTITT helped found this blawg. A D.C.-based IT consultant specializing in Lotus Notes & Domino, he also maintains Lotus Guru blog.

Contributors

PETE DAVID (Albuquerque, NM). Pete is a Certified Wildlife Biologist with 25 years experience with land stewardship and natural resources programs. He previously worked with the South Florida Water Management District, Florida Department of Environmental Regulation, U.S. Department of Defense, U.S. Forest Service, and U.S. Fish and Wildlife Service (FWS). His project experience includes reintroducing the federally endangered red-cockaded woodpecker to South Florida, and the Middle Rio Grande Endangered Species Act Collaborative Program in New Mexico. Today, Pete continues to work on endangered species issues as a Senior Project Manager for SWCA Environmental Consultants in Albuquerque.

YELIZAVETA BATRES (West Palm Beach, FL). Liz is currently clerking at the Florida Fourth District Court of Appeal, after graduating from the University of Florida Levin College of Law, where she was a senior research editor of the Law Review. Liz also interned at the U.S. Department of Justice, Environment and Natural Resources Division.

« FWS moves closer to listing the Delta smelt as endangered | Main| Law review on ESA: Reform or Refutation? »

Ooops, I didn't mean to catch that one! NOAA permits Washington State anglers to take listed salmon species.

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In June 2008, NOAA issued an incidental take permit to the State of Washington Department of Fish and Wildlife (WDFW).  By its terms, the permit "authorized incidental take of endangered Upper Columbia River (UCR) spring Chinook salmon (Oncorhynchus tshawytscha), endangered UCR steelhead (0. mykiss), threatened Middle Columbia River (MCR) steelhead, and threatened Snake River fall Chinook salmon while implementing the State of Washington's recreational fisheries programs as cited in the permit application with addendum."  

SalmonSmolts.jpg
Photo of salmon smolts from NOAA.

Valid for 10 years, and with specific numeric limitations of the numbers of each listed species that can be taken, the permit allows the take of endangered and threatened species through recreational fishing, but requires salmon run monitoring, catch limits, gear restrictions, seasonal limitations, law enforcement, public education, and annual reports.  

KEITHINKING: The permit resolves one of the tensions created by the ESA's rigid prohibitions.  In theory, a fisherman who accidently catches an endangered salmon species just violated the ESA.  Rather than try to enforce such absurdities, the permit eliminates any potential concerns over legal wrongdoing, while also ensuring, as a practical matter, that NOAA and Washington State coordinate their efforts to improve recreational fishery management in the Pacific Northwest to the benefit of salmonid species.  Seems like common sense to me.

NOAA's Issuance of the permit also required NOAA to complete a biological opinion, in which the agency assessed the consequences, and benefits, of the permit.  Acknowledging the potential adverse impacts to species, the BiOp explains that: "The vast majority (90%) of the listed fish encountered in any of the fisheries would be captured-and-released and are expected to survive with no long-term effects. Additionally, in most cases, the take would occur in locations that would not target a single population within an (Evoluntarily Significant Unit) or Distinct Population Segment (DPS). Approximately six Upper Columbia River spring Chinook salmon, 37 natural-origin (186 total) Upper Columbia River steelhead, eight Snake River fall Chinook salmon, and five Middle Columbia River steelhead would be killed annually during the implementation of ten recreational fisheries in the middle and upper Columbia River basin. Thus, all the fisheries impacts taken together would have some negative impacts to the ESUs/DPS affected and some may in a small way impact critical habitat."  On the other hand, the BiOp also discussed the potential benefits of the permit and accompanying programs, especially the efforts by Washington State to control hatchery fish, and found that these benefits were .  The WDFW has a great deal of experience implementing these fisheries (the Entiat River fishery is an exception) and there is a high level of confidence in analyzing the effects of those fisheries. Additionally, as is the case with at least two of the proposed fisheries (those associated with the Leavenworth and Entiat NFH programs) potential benefits to the population’s diversity may be derived from the decrease in stray Carson-stock hatchery origin fish. Reduction in the number of non-listed species competing for similar limited resources would also be a benefit to listed fish. The amount of benefit would vary by ESU or DPS, but it could be significant over time."  Ultimately, the BiOp concluded that "issuance of the permit 1554, as proposed, is not likely to jeopardize the continued existence of endangered UCR spring Chinook salmon, endangered UCR steelhead, threatened MCR steelhead, or threatened SR fall Chinook salmon, nor destroy nor adversely modify any critical habitat."

FOR ADDITIONAL RESOURCES on salmonid species in the Pacific Northwest, visit the NOAA Northwest Regional Office

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