McKenzie Fly Fishers sue ODFW over hatchery impact on McKenzie Spring Chinook

The Western Environmental Law Center, on behalf of the McKenzie Flyfishers, today sent a notice of intent to sue to the Oregon Department of Fish & Wildlife (ODFW) for operating two fish hatcheries on the McKenzie River that harm wild Chinook salmon without having studied the impacts of hatcheries and obtaining federal approval to operate them.

Chinook Spawning McKenzie River(Photo of hatchery spring chinook attempting to spawn on the lower McKenzie River)

The McKenzie River is cherished as a source of drinking water, for its varied recreational values, and as home to native wild spring Chinook salmon. Federal fish biologists have found that the McKenzie provides the best remaining habitat in the Willamette River basin for wild spring Chinook salmon, which were listed under the Endangered Species Act (“ESA”) as threatened with extinction in 1999.

“We ask ODFW to make transparent decisions for how it operates its hatcheries in order to save wild Chinook,” said Dave Thomas of McKenzie Flyfishers. “We cannot afford business as usual when wild Chinook face extinction.”

ODFW operates two hatcheries that breed and release hatchery fish into the McKenzie. The McKenzie River hatchery breeds and releases hatchery Chinook salmon. Fish biologists – including those within ODFW – have found that hatchery salmon compete with wild salmon for food, habitat, and spawning space, and can spawn with wild salmon, diluting their genetic integrity. The Leaburg hatchery breeds and releases steelhead and rainbow trout. Hatchery trout are voracious, and data indicate that hatchery trout in the McKenzie consume a significant number of young wild spring Chinook in the river.

These impacts constitute illegal “takes” under the ESA. ODFW may avoid liability for its hatchery operations only if it obtains a federal Hatchery and Genetic Management Plan or other federal authorization, after public notice and comment.

ODFW states that its top priority is to protect and restore native salmon. The mission stated in the Oregon Plan for Salmon and Watersheds is to restore “Oregon’s native fish populations and the aquatic systems that support them to productive and sustainable levels that will provide substantial environmental, cultural, and economic benefits.” But ODFW has never obtained – through a public process – the required permits to ensure that its hatchery operations will in fact restore wild spring Chinook in the McKenzie.

“We hope ODFW will commit to comply with the ESA so no lawsuit will be necessary,” said Pete Frost, attorney with the Western Environmental Law Center. “But we stand ready to ensure that wild Chinook are truly on a road to recovery.”

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14 Responses to McKenzie Fly Fishers sue ODFW over hatchery impact on McKenzie Spring Chinook

  1. Snoopy Rodder says:

    May the native fish win this battle.

    snoopy,

  2. findgoose says:

    ^^^ Agreed. One up for the native fish! Keep us posted.

  3. fishface66 says:

    Hear we go . I love wild salmon and I do think more can be done to protect wild fish . The only problem I have is when a lying
    rich lawyer , law school super human tries to tell me how to better protect anything . It’s like that .

  4. Jamison Lowe says:

    I hope we can find a solution that restores wild salmon to its past glory without eliminating the hatchery program that brings back thousands of harvestable fish each year.

    Interesting that this suit was filed by a fly fishing group. I don’t believe I have ever seen anyone fly fishing for springers on the Mckenzie. Sounds like this is more about removing the gear guys from the river than anything else.

  5. Marc Robershaw says:

    Not so “interesting” that it is a flyfishing group filing the suit. I think a majority of the river stewards who fish are fly fishers. What other group of sport fishermen would care about wild fish?

  6. Snoopy Rodder says:

    The sob stories of fly fishing elitist wanting to own the McKenzie River nor sobs from parents wanting fish for their children to kill will wash with the judge.

    This is all about 13 species of Oregon native fish that are on the endangered list. Here on the McKenzie River, “native” Spring Chinook are almost extinct. The McKenzie River is the best and last hope for their recovery. 135 years of hatchery efforts have failed and it is plain to see the dismal results.

    Yes, there are many other issues which must be addressed. These were spelled out by the NMFS several years ago at a public meeting in Eugene. The battle has to start somewhere.

    snoopy,

  7. chaveecha says:

    Dear Jamison,

    Did you even read the memo? This suit, like the Sandy River suit filed by the NFS, is simply an attempt to push ODFW toward compliance with the law (Endangered Species Act). It’s not a conspiracy by fly guys to get rid of gear guys.

    Your comment shows where your priorities are, and, sadly, you are in the majority. You want your hatchery fish, rand you deny the impacts on our last remaining wild salmon. As long as you and others persist in this greed-centered view, wild salmon are in trouble. Humanity is in trouble. Even your precious hatcheries are in trouble.

    -Rob Russell

  8. Brent says:

    Lets to try keep from making false conclusions that this is about fly angler preference…this is about the fish and only the fish (wild fish).

  9. Andy Janoski says:

    “Even your precious hatcheries are in trouble.” Truer words have never been spoken, such a shame to see a system as productive and unique as the Mckenzie all wrapped up in being a put and take hatchery fishery. Don’t forget that “they” put hatchery Chinook above the dams to provide food for also endangered, and segmented, populations of Bull Char..

  10. Holly Kaufmann says:

    I guess as a “gear” fisherwoman, and a beginner “fly” fisherwoman I feel there is too much judging going on. I resent that because I like to harvest fish I am seen by some as having a “greed-centered view”. I love and grew up around the McKenzie river for over 50 years. I WANT wild fish to increase, I rely that all the money I put out in all my licenses and fees to ODFW to be used toward that and other important resources. How dare Marc R. assume most of the fish stewards are fly fisherman. That just tells me what I hear about fly fisherman being snobs may be, in part, true

  11. chaveecha says:

    Holly, you are right about the “judging.” It gets old, doesn’t it? And perhaps I am wrong to accuse people of being driven by greed just because they scream like starving kittens for continued hatchery supplementation. In fairness, a significant number of hatchery proponents deny that there is such a thing as a wild salmon. They also deny the mountain of scientific study that has demonstrated the harmful effects of hatcheries on wild stocks. So, for those folks, since their universe doesn’t include the same facts/truths that the rest of us live with every day, they may be making their pro-hatchery choice with a clean conscience. On the other hand, it could be that pro-hatchery folks are caught in their reptilian brain with regard to fish. They may be willing to ignore the negative impacts of their favorite programs because they get pleasure from, and have become so addicted to the product. Who knows?

  12. Holly Kaufmann says:

    I would like very much to review the scientific research that is mentioned. As a “starving kitten” I would like to review the “evidence” and also see how that research was compiled. As someone who works in the health services field I know that even “evidence based research ” can be swung in favor of certain views depending on how that research was done. I would like to widen my “reptilian brain” in all sincerity. And I do believe in wild samon. But I would like to see the facts that you spoke of. As is true in life, one persons truth can be anothers fantasy. And yes I am addicted to fishing, hatchery and wild stock both put up a great fight.

  13. Hammerhead says:

    I believe that all of us want a balanced program in the river. Having been able to fish WILD RIVERS and native fish( yes with a fly and harvestable fish) I hope that we can make some progress on this issue. Haven spoken out about this many times in the past year, and as I see in this blog about reptilian brains and that no one cares about this except Fly fishermen. it shows a remarkable amount of childlike and snobbish, elitist, additudes. Stop name calling and realize that we all have a stake in this and we need to work together. The middle/lower McKenzie is in no since of the word a wild river and never again will be. We Like to harvest fish for consumption not greed.

  14. Mr.Machinist says:

    I’m getting very tired of political activism disguised as stewardship taking control from the average joe taxpayer in order to give it to special interest elitists.

    I’ve been a catch and release fly fisher most of my life and have watched it go from an honorable common sense movement to an exclusive political mandate.

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