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SUBJECTS › ENVIRONMENT › ESA Salmon › Laws, Court Decisions, and Regulations
Updated 08/09

ESA Salmon - Overview of Regulatory Agencies, Laws,  and  Regulations

Contents

Federal Regulatory Agencies, Laws, and Regulations

The following are some of the federal agencies with significant responsibilities under the ESA, or whose activities significantly implicate the ESA and major legislation relating to the protection of  Salmon. 

Federal Agencies

  • National Marine Fisheries Service (NMFS) - The NMFS is part of the National Oceanic and Atmospheric Administration (NOAA) within the U.S. Department of Commerce, and is responsible for managing and sustaining most living marine resources and their habitat in US waters. The NMFS has the primary federal jurisdiction over anadromous fish. Its responsibilities under the Endangered Species Act are based upon certain program responsibilities under the ESA being given to the Secretary of Commerce.
  • United States Fish and Wildlife Service (USFWS) - The USFWS is an agency of the Department of the Interior and has responsibilities to help conserve, protect, and enhance fish and wildlife and their habitats, including program responsibilities under the ESA given to the Department of the Interior.
  • US Army Corps of Engineers (USACE) - As a federal agency, the Corps is responsible under the ESA for insuring that its activities and the activities it authorizes are in compliance with the ESA. Because the Corps has authority under the Clean Water Act over activities in wetlands, it's role under the ESA is significant.
  • Bonneville Power Administration (BPA) - The BPA and its Fish and Wildlife Group has responsibilities for ensuring compliance with ESA obligations as specified in NMFS Biological Opinions and USFWS Biological Opinions, and for mitigating for fish and wildlife losses to the region as stipulated in the Northwest Power Planning and Conservation Act (PL-96-501) and the Northwest Power Planning Council's Fish and Wildlife Program.
  • Northwest Power and Conservation Council  - The Council develops and maintains a regional power plan and a fish and wildlife program to balance the Northwest's environment and energy needs
  • Environmental Protection Agency, Office of Water (EPAOW) - is responsible for the Agency's water quality activities including development of national programs, technical policies, and regulations relating to drinking water, water quality, ground water, pollution source standards, and the protection of wetlands, marine, and estuarine areas
  • Natural Resources Conservation Service (NRCS) - Formerly the Soil Conservation Service, the NRCS is a federal agency under the Department of Agriculture that has responsibilities concerning conservation of natural resources on private lands, including fish and wildlife habitat, wetlands, and watersheds. Its programs include providing assistance to farmers and ranchers in complying with state and federal environmental laws, including the ESA.

Federal Regulations

American Indian Agencies and Tribal Rights

Washington State Agencies, Laws and Regulations

State Agencies

The activities and statutory responsibilities of a number of state agencies have direct or indirect impacts upon salmon and other fish species:

  • Department of Agriculture (WSDA) - The Department of Agriculture helps local communities incorporate measures to reduce pollution from agricultural practices in their watershed plans. It also participates in efforts to educate home gardeners about the proper use and disposal of pesticides.
  • Department of Ecology (DOE) - The Department of Ecology monitors water quality, manages the wastewater discharge permits system, participates in state efforts classify and clean up contaminated sediments, provides guidance and assistance for local stormwater programs, and works on wetlands, spills, watershed plans, fish habitat and shellfish issues.
  • Department of Fish & Wildlife (WDFW) - The Department of Fish & Wildlife monitors contamination of fish in Puget Sound, helps local governments solve nonpoint pollution problems, and does some tracking and inventorying of wetlands.
  • Department of Health (DOH) - The Department of Health monitors and classifies shellfish growing areas, works to improve water quality in downgraded areas, and is responsible for the state on-site sewage system standards.
  • Department of Natural Resources (DNR) - Among other things, the DNR monitors nearshore habitat in Puget Sound, manages wetlands acquired for protection, and participates in federal and state efforts to clean up toxic sediments in urban bays. The agency also works to reduce pollution from improper forestry practices.
  • Department of Transportation (WSDOT) - The Department of Transportation is responsible for building and maintaining over 7,000 miles of roadway and operating the nation's largest ferry system. The DOT provides environmental mitigation or impacts resulting from the development of transportation projects.
  • Governor's Salmon Recovery Office - Coordinates and produces a statewide salmon strategy; assist in the development of regional salmon recovery plans; secure current and future funding for local, regional, and state recovery efforts; and provide the Biennial State of Salmon report to the Legislature
  • Department of Commerce  - Formerly Community, Trade and Economic Development, it administers numerous state and federal programs. 
  • The Recreation and Conservation Office  - (formerly the Office of the Interagency Committee)
    creates and maintains opportunities for recreation, protects the best of the state's wild lands, and contributes to the state's efforts to recover salmon from the brink of extinction
  • Parks & Recreation Commission - The State Parks and Recreation Commission provides environmental education for boaters, constructs boat-sewage pump out facilities at priority state parks, and provides funds to private marinas for constructing boat-sewage pumpout stations.
  • Puget Sound Partnership, -  The Partnership is responsible for integrating the work of state, local and federal governments, as well as local watershed planning and salmon recovery efforts. In December 2008, the Partnership released the Puget Sound Action Agenda, a strategy for cleaning up, restoring, and protecting Puget Sound by 2020
  • Washington State Conservation Commission (WCC) - The Conservation Commission funds conservation districts to help farmers develop and carry out farm plans to protect water quality and improve farm efficiency, administers a competitive grants program for water quality projects, and assists with local watershed plans.
  • Washington Watershed Coordinating Council - Chapter 239, Laws of 1994 and the accompanying executive order, EO 94-04, were adopted to establish a process for coordinating watershed planning and for restoring and protecting fish and wildlife and their habitats, including water quality, on all lands in the state. The legislation established a ten-member watershed coordinating council composed of state agencies, and a 14-member public advisory group, composed of tribes, affected land owners, timber industry and environmentalists.

    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:

    Other Legal

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