The National Marine Fisheries Service (NMFS) has responded to a petition submitted in October or last year by the Kitsap Alliance of Property Owners (KAPO) to delist some of the 15 Evolutionarily Significant Units (ESUs) of Pacific salmon and steelhead currently listed as threatened or endangered. The KAPO petition addresses species with hatchery populations and is one of six petitions submitted to NMFS. The Washington Farm Bureau and the Skagit County Cattlemen were also petitioners.

In a recent U.S. District Court ruling, the Court found NMFS’ prior treatment of hatchery fish in ESA listing determinations to be arbitrary and capricious. As such, NMFS determined that the KAPO and other petitions present substantial scientific and commercial information to warrant action on 14 of the petitioned ESUs. NMFS is also reviewing the status of 10 additional ESUs currently listed as threatened or endangered, as well as updating the status of the ESA candidate Lower Columbia River/Southwestern Washington Coho salmon ESU.

Since the court rulings, NMFS has been reviewing its policy of excluding all hatchery fish from consideration of the ESA status of Pacific salmon. Many of the petitions questioned the logic of eliminating these fish — especially in light of the significant increase in numbers of returning salmon to Washington streams this past year. NMFS will consider whether there is a need to re-evaluate critical habitat designations, protective regulations, or ongoing recovery planning efforts for these ESUs.

The ESA listing of salmon in 1999 caused the creation of a multitude of regulatory restrictions to private property owners. The KAPO organization was formed to battle what it considers unconstitutional and unproven methods to protect salmon and abridge private property rights.

The Kitsap County Commission has taken aggressive action hoping to become the first county in the state to achieve or exceed NMFS’ criteria for the restoration of habitat to protection the listed species. They have expended significant resources in both time and money negotiating with NMFS — in spite of the fact there is no wild Puget Sound Chinook habitat within the county.

Significant changes have already been made to many county ordinances addressing habitat issues and an update to the Critical Area Ordinance is slated to be completed by September.

For additional information on the KAPO, contact: Vivian Henderson, Executive Director, at (360) 710-8560.