WDFW statement on Mitchell Act settlement

Last updated at 10:00 a.m., Thursday, Oct. 31

The Washington Department of Fish and Wildlife (WDFW), Wild Fish Conservancy, and The Conservation Angler have settled litigation alleging some WDFW hatchery programs were operated inconsistent with the requirements of the Endangered Species Act (ESA). The litigation focused on federally-funded Mitchell Act and Select Area Fishery Enhancement (SAFE) hatchery programs in the Columbia River below Bonneville Dam.

In April 2024, Wild Fish Conservancy and The Conservation Angler filed the lawsuit against WDFW, the Oregon Department of Fish and Wildlife (ODFW), Clatsop County, and the National Marine Fisheries Service (NMFS). Throughout the summer, the Wild Fish Conservancy, The Conservation Angler, and WDFW discussed the hatchery programs and potential areas of agreement. The discussions resulted in agreement in five general areas: 

1. Protection for WDFW from additional litigation by Wild Fish Conservancy and The Conservation Angler for alleged violations of the Endangered Species Act (ESA) that occur on or before Dec. 31, 2024 and violations of the ESA caused by the number of adult hatchery fish present in lower Columbia River tributaries on or before Dec. 31, 2027.
2. Actions by WDFW to increase transparency and information availability for WDFW-operated Mitchell Act programs.
3. Requests to ODFW to reserve for conservation or mark-selective fisheries any impacts resulting from Washington’s buyback program for non-tribal gillnet fishing licenses and to adjust the cap on authorizations allowed for alternative fishing gear.  
4. Modification or termination of three hatchery programs to align with the proposed actions likely to be included in a new evaluation of the Mitchell Act and SAFE programs that NMFS intends to complete by the end of the year.
5. Reimbursement of attorney’s and retained expert fees accrued by the Wild Fish Conservancy and The Conservation Angler.

“WDFW is pleased to resolve this litigation,” said Director Kelly Susewind. “This agreement allows us to focus on conserving and recovering our salmon, steelhead, adaptively managing our hatcheries, and providing sustainable fisheries.”

The three impacted hatchery programs are the winter steelhead hatchery program on the Washougal River (likely to close late 2024), the Deep River net pen coho salmon program (likely to close spring 2025), and the Kalama River/Fallert Creek Chinook hatchery program (likely to release fewer hatchery fish in 2025). It's important to note that while these specific programs are being affected, the entire hatchery facility is not closing. WDFW plans to mitigate the changes with new programs, and will share new information about WDFW-operated Mitchell Act programs as it become available.

The Washington Department of Fish and Wildlife works to preserve, protect and perpetuate fish, wildlife and ecosystems while providing sustainable fish and wildlife recreational and commercial opportunities.  

Media contact: Communications Office