Updated 04/08
ESA Salmon - Laws, Court Decisions, and Regulations
Contents
Federal
The following list includes some of the significant federal laws relating to protection of salmon and other fish species. See also NOAA Fisheries Office of Protected Resources Laws & Policies
The Endangered Species Act (ESA)
The Endangered Species Act (ESA) was enacted in 1973 to establish a program to identify and conserve species of fish, wildlife, and plants that are declining in population to the point where they are now, or maybe within the foreseeable future, at the risk of extinction. The ESA prohibits killing or harming an endangered species in any way, including significant modification of critical habitat for the species. It requires federal agencies to develop programs to conserve and to help recover endangered and threatened species. Under the ESA, a species likely to become extinct in the foreseeable future is categorized as "endangered"; one likely to become endangered is categorized as "threatened."
- Endangered Species Act 16 U.S.C. ch. 35 - Cornell Legal Information Institute
- 4(d) Rules for Pacific Salmon - NMFS
- A Citizen's Guide to the 4(d) Rule for Threatened Salmon and Steelhead on the West Coast (
869 KB), National Marine Fisheries Service, June 2000
- The Endangered Species Act - A Primer, by Patrick W. Ryan and Galen Schuler of Perkins Coie LLP. Seattle: Copyright ©1998 Perkins Coie LLP. Distributed at A Local Government Workshop on the Endangered Species Act, Sponsored by Perkins Coie LLP, Association of Washington Cities, Washington State Association of Counties, City, County and Regional Planning Director Associations, May 8, 1998 and May 14, 1998.
- Salmon Populations - National Marine Fisheries Service (NMFS)
Other Federal Laws Relating to Salmon
- The Sustainable Fisheries Act, P.L. 104-297 - GPO Access
- Magnuson-Stevens Fishery Conservation and Management Act - NOAA
- Marine Protection, Research, and Sanctuaries Act (Ocean Dumping), 33 U.S.C. ch. 27 - Cornell Legal Information Institute
- The Clean Water Act, 33 U.S.C. ch. 26 - Cornell Legal Information Institute
- Coastal Zone Management Act of 1972, 16 U.S.C. ch. 33 - Cornell Legal Information Institute
American Indian Tribal Rights
- Secretarial Order No. 3206 - U.S. Fish & Wildlife Service, June 1997 - All federal actions taken under the ESA must protect tribal rights.
- American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act - U.S. Fish & Wildlife Service
- Tribes and federal agencies create unprecedented agreements to benefit Columbia River Basin fish - BPA Press Release, April 7, 2008
Washington State Laws and Regulations
The following lists some of the significant state laws that relate to protection of salmon and other fish species, including many that relate to protection of water quality:
- Construction Projects in State Waters - Ch. 77.55 RCW (see RCW 77.55.100)
- Fish and Wildlife - Title 77 RCW
- Salmon Recovery - Ch. 77.85 RCW
- Salmon Enhancement Facilities - Bond Issue - Ch. 77.90 RCW
- Salmon Enhancement Program - Ch. 77.95 RCW
- Forest Practice Rules - Department of Natural Resources
- Growth Management Act - Ch. 36.70A RCW
- Shoreline Management Act of 1971 - Ch. 90.58 RCW
- Wetlands - Department of Ecology
- Water Resources Act of 1971 - Ch. 90.54 RCW
- Puget Sound Water Quality Protection - Ch. 90.71 RCW
- Water Pollution Control - Ch. 90.48 RCW
- Dairy Waste Management - Ch. 90.64 RCW
- Oil and Hazardous Substance Spill Prevention and Response - Ch. 90.56 RCW
- Underground Storage Tanks - Ch. 90.76 RCW
- Highway-Related Storm Water Management - Ch. 90.78 RCW
- Water Rights - Ch. 90.03 and Ch. 90.44 RCW
- Family Farm Water Act - Ch. 90.66 RCW
- Stormwater (Water Pollution Control) Regulations - MRSC Page
Court Decisions
- County of Okanogan v. National Marine Fisheries Serv., F.3d (9th Cir. 2003)
- Oregon Coast Coho Decision
- Salmon Populations - National Marine Fisheries - See discussion of Alsea
- Alsea Valley Alliance v. Department of Commerce ( 59 KB) Court of Appeals, 9th Cir., No. 01-36071, February 24, 2004
- NOAA Fisheries' Response to the Alsea Valley Alliance v. Evans U.S. District Court Ruling - National Marine Fisheries Service
- Alsea Valley Alliance v. Department of Commerce (
- Arizona Cattle Growers' Assoc. v. Fish and Wildlife Service (9th Cir., No. 99-16102, 12/17/01) The Ninth Circuit Court of Appeals held that incidental take statements issued by the Fish and Wildlife Service that lead to terms and conditions on land use permits must be based on the agency's finding that a "take" of a species protected under the ESA will actually occur, not on the mere possibility of a take.
Other Legal
- A White Paper: Liability of State Agencies and Local Governments Under the Endangered Species Act ( 2.2 MB), Prepared for the Building Industry Association of Washington by Galen C. Schuler, Perkins Coie Environmental Group, 2002