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NW Fishletter #369, May 1, 2017

Click here for: [11] PGE Files to Appeal District Court Ruling in Deschutes River Case

[10] Wild Fish Advocates Lose in 9th Circuit Elwha River Case

The Wild Fish Conservancy failed to overturn a federal decision approving the use of artificial propagation as a means of restoring Elwha River fish populations after dam removal.

In affirming the district court opinion, the 9th U.S. Circuit Court of Appeals determined that the U.S. Department of the Interior and National Marine Fisheries Service did not violate either the National Environmental Policy Act or the Endangered Species Act when sanctioning the hatcheries, as claimed by plaintiffs.

Plaintiffs filed the suit, Wild Fish Conservancy et al. v. National Park Service et al. [12-5109], in 2012 in U.S. District Court for the District of Western Washington.

Joining the WFC in the litigation were Wild Steelhead Coalition, Federation of Flyfishers Steelhead Committee and Conservation Angler.

The April 18 opinion of the three-judge appeals panel gives the thumbs up to the Lower Elwha Klallam Tribe and State of Washington hatchery programs in the Elwha River. Glines Canyon and Elwha dams were taken out of the river in 2014 and 2011, respectively.

The Elwha River emerges from the Olympic Mountains in northwestern Washington and empties into the Strait of Juan de Fuca. -L. B.

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