"In light of the fact that state defendants have voluntarily chosen to reduce Sandy Hatchery releases of spring chinook to approximately 132,000 smolts, and because of the uncertain and possibly negative consequences of the available injunctive relief, the court finds that plaintiffs have not proven that irreparable harm will result in the absence of injunctive relief, that the balance of equities tips in their favor, or that an injunction is in the public interest," Haggerty said in his ruling.

Steelheaders continued to take the lead against this serious threat to fishing. Along with our allies the Northwest Sportfishing Industry Association and Northwest Guides and Anglers Association, Steelheaders filed an amicus curiae (friend of the court) legal brief that outlined why Sandy hatchery programs should continue. Last year, when the Sandy's Hatchery Genetic Management Plans were open to public comment, Steelheaders provided detailed comments and solicited comments from allies and business sponsors in support of ODFW's hatchery reform efforts to reduce wild/hatchery interactions while providing a consumptive fishery.

Our amicus filed with the court on March 8 challenged the plaintiffs' basic premise that hatchery releases must be ended to protect wild fish and that ending the hatchery programs will recover wild fish.

"The Associations believe that wild fish can survive and recover in a river system which includes hatchery fish. This belief is based on reliable scientific studies which Plaintiffs have not addressed in their motion," read the amicus, which included citing numerous scientific studies. "The conclusions of these studies question the certainty with which Plaintiffs make their ultimate assertion in this case, which is that hatchery fish pose a threat to wild fish of such significance that the two should not be allowed to coexist in the Sandy River.  Plaintiffs' legal arguments assume their scientific assertion is irrefutable and universally accepted. This is not the case. In fact, the impact of hatchery fish on wild fish is an ongoing scientific inquiry with results on both sides of the equation."

Our legal briefs also to brought to light the settlement agreement signed by the defendants, plaintiffs, Steelheaders and NSIA when Marmot Dam was removed, which called for the continued use of hatchery fish, including broodstock programs.

"From the Associations' perspective, the issues in this case were addressed over ten years ago in connection with PGE's decommissioning of Marmot Dam on the Sandy River," read the amicus. "In the October 2002 Settlement Agreement, the stakeholder parties confirmed their agreement that the decommissioning plan is an 'effective and expedient means of protection, mitigation, and enhancement of fish, wildlife and other resources affected by the Project.' Further, the stakeholder parties agreed that the Settlement Agreement was 'for the purpose of resolving all issues that could have been raised' by the parties in connection with the decommissioning and that the Settlement Agreement is 'fair and reasonable and in the public interest.'"

In addition, our amicus  showcased numerous reasons why closing the hatchery programs on the Sandy is not in the public interest and would be damaging to the local economy.

"Oregonians clearly have a substantial public interest in fishing and outdoor recreation as evidenced by the significant participation rates and economic investment by anglers," read the amicus. "The presence of hatchery fish are directly tied to continued angler interest in fishing and their elimination would jeopardize the economic survival of numerous fishing-related industries and the jobs created by those industries. The significant adverse economic consequences which would result from Plaintiffs' requested injunction should be considered and weigh in favor of denying Plaintiffs' motion."

ODFW has said the 66,000 spring chinook scheduled to be put in the Sandy will be transferred to the SAFE areas for commercial fishermen. Steelheaders fought this decision, encouraging ODFW to put the smolts in a local river to provide angler opportunity or to not transfer fish scheduled to go the SAFE areas from another tributary so as to not lose any angler opportunity. Despite our best efforts, ODFW is moving forward with the transfer of the Sandy spring chinook smolts to the SAFE areas.

Steelheaders are involved on several levels to ensure fishing opportunity by supporting our hatcheries. Our efforts include having two board members on the Oregon Hatchery Research Center Advisory Committee, lobbying in Salem, Olympia and Washington D.C. for hatchery funding, education of the press, ongoing discussions with National Marine Fisheries Service, connecting kids with hatcheries at an early age through the Eggs to Fry Program, and on-the-ground participation in broodstock programs, fin-clippings, and acclimation sites.

Steelheaders has a long history of supporting science-based efforts to reduce wild/hatchery interactions; however, in Oregon that has too often meant reduction or elimination of fishing opportunity. Often this opportunity has been lost without evidence that reducing or eliminating hatchery production had measurable increases to the wild populations. Steelheaders understands the importance of protecting wild populations (wild fish are even important to the success of our hatcheries), but we also understand that hatcheries are here to stay, provide opportunity today,and are needed to connect future generations with the resource to create tomorrow's conservationists. Expect to see much more from the Steelheaders on this issue in 2013-2014 as we ramp up our "Hatchery AND Wild" public education campaign.

Whether or not this is the last legal action against Sandy's hatchery programs is a big question, and we are also keeping our eyes on a similiar case on the Elwa River in Washington and two in California. Should we need to, Steelheaders are prepared to again take legal action to defend fishing in Oregon and Washington against those with an anti-hatchery agenda. This legal action is not inexpensive, and we have created a fun way to help support the effort. On June 1, we are hosting the Sandy River Spring Classic fishing tournament in cooperation with sponsors Red's Guide Service and Dick's Sporting Goods. Cost is only $60 and proceeds from the tournament will go to our propagation defense legal fund. For more information on this fun way to help, be sure and check next month's e-newletter.