ESA Lawsuit Filed Challenging Operations At The Trinity River Fish Hatchery
Posted in Court Decisions

The Trinity River Hatchery, which is operated by the California Department of Fish and Wildlife and funded by the U.S. Bureau of Reclamation, has a production capacity of approximately 40 million salmonid eggs.  Operations at the Hatchery are intended to mitigate for lost salmonid habitat due to the construction and operation of various water projects.  However, a recent lawsuit filed by the Environmental Protection Information Center alleges that instead of mitigating for impacts to endangered and threatened salmon and steelhead, the Hatchery is "taking" the protected species in violation of the Endangered Species Act.  Specifically, the complaint (pdf) alleges that protected salmonids are being collected for use as broodstock without the explicit approval of the National Marine Fisheries Service, and that the released hatchery fish compete with, prey upon, or interbreed with the protected species.  A representative for the plaintiff stated that it filed the lawsuit "to shine a light on failed policies and open up a public process that is focused on the recovery of wild runs of salmon and steelhead."

  • Benjamin Z. Rubin
    Partner

    Ben Rubin is chair of Nossaman’s Environment & Land Use Group. Ben assists developers, public agencies, landowners and corporate clients on a variety of complex land use and environmental matters. He counsels clients on matters ...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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