Hatchery production, HGMPs and the ESA

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The Endangered Species Act (ESA) provides for the listing of species as “endangered” or “threatened” and prohibits the “take” of endangered species. Take is defined by the ESA as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” NOAA Fisheries has extended the prohibition against take of endangered species to west coast salmon and steelhead populations listed as threatened under the ESA.

Salmon and steelhead hatchery programs that WDFW operates in regions with fish and wildlife listed under the federal ESA are reviewed by NOAA Fisheries and the U.S. Fish and Wildlife Service (where species under USFWS jurisdiction are present, such as bull trout) to ensure consistency with the requirements of the ESA. These requirements are defined in Limit 5 (state operated programs with no tribal connection) or Limit 6 (programs operated under U.S. v. Washington or U.S. v. Oregon) of the ESA §4(d) Rules for salmon and steelhead, 50 CFR 223.203(b).

The review process requires NOAA Fisheries to obtain its own authorization under the ESA before approving a proposed program. This typically results in Biological Opinions and Incidental Take Statements to the federal agency from NOAA Fisheries and the USFWS (Services). The Incidental Take Statements issued to NOAA Fisheries also cover the hatchery operator.  NOAA Fisheries must comply with the National Environmental Policy Act when issuing an Incidental Take Statement. 

The Services have completed 4(d) reviews and issued Biological Opinions and Incidental Take Statements for many Puget Sound and Columbia River hatchery programs. WDFW is currently in or awaiting to initiate the review process with the Services on additional Puget Sound and Columbia River basin hatchery operations. Because of the depth of the review process, limited staffing at the Services, and the number of programs, the process has not yet been completed for some programs. WDFW is working with the Services to accelerate and expeditiously complete the review process.

Click here to view the status of ESA reviews and the NEPA process for WDFW’s hatchery programs and associated requirements.