Common Waters Clark County

Know Your Facts from Myths

Check Your ESA-Salmon Facts

MYTH: If salmon are listed as an endangered species I won’t be able to fish.

FACT: The National Marine Fisheries Service (NMFS) and state agencies are working together to allow for a sport fishery in most local waters.

MYTH: I have a creek on my property. Since I have never seen a salmon in it, the creek should not be affected by the listing of salmon on the endangered species act (ESA).

FACT: NMFS has developed Evolutionary Significant Units (ESU’s) which are geographical boundaries for genetically unique salmon. These include all waterways that are in the geographical area regardless of fish presence, size, and flow. The waterways may be intermittent, seasonal waterways that don’t have water in them year round.

MYTH: Since there are no streams near my home, routine yard work and maintenance shouldn’t be affected by the listing of salmon species as threatened.

FACT: Pesticides used for routine yard maintenance and gardening have been found to be detrimental to salmonid health and will not be allowed in areas where runoff may find its way to waters containing salmon.

MYTH: Native salmon populations can be supported with hatchery-reared salmon.

FACT: Scientific research has shown that hatchery fish are genetically inferior to wild fish and have lower survival rates. Inbreeding with wild fish will result in the loss of genetic variability, which causes a reduction in the adaptive mechanisms, pushing salmon further towards extinction. State agencies have developed wild fish policies to help maintain the natural variability that our wild salmon have evolved with.

MYTH: The listing of salmon species will only impact federally-funded land development projects.

FACT: The rules created to project salmon (known as the 4(d) rules) are guidelines set forth by NMFS to help protect habitat and water quality of threatened salmon species. They outline certain criteria for the protection of salmon while allowing flexibility in land use to prevent liability of take of these species. City, county and other jurisdictional bodies are incorporating these rules into their land use plans and submitting them to NMFS. After NMFS approval the jurisdictional body has reduced liability for a take (killing of a listed species) that may ensue from land use practices.

MYTH: Salmon don’t have any chance of recovery.

FACT: Scientists can’t agree on this subject, but the endangered species act has revived populations of other species such as the peregrine falcon, bald eagle and the gray whale, providing hope that the salmon can also be recovered.

MYTH: People shouldn’t worry about compliance with the ESA. It does not seem that NMFS can enforce the ESA over such a large area.

FACT: NMFS and the United States Army Corps of Engineers will have enforcement officers for various regions in the Pacific Northwest.


MYTH: Native Americans are exempt from the ESA.

FACT: Native Americans are not exempt from the ESA. Native Americans were granted 50% of the harvestable salmon that travel through their traditional waters through the Boldt decision (1974). This “harvestable” number has declined as the population of salmon stocks decline on the Snake and Columbia Rivers. While the Boldt decision resulted in providing the tribes with particular rights to manage the fishery and advocate for salmon on habitat and harvest issues, their rights to harvest are in jeopardy with the listing of the majority of the salmon stocks in the Columbia and Snake River systems.

MYTH: Only local, state, and federal governments may enforce the ESA.

FACT: The biggest enforcer of the ESA is the common person who has the right to represent threatened and endangered species in lawsuits against anyone who is accused of violating the ESA. Special Interest Groups have brought more lawsuits against corporations for violating ESA issues than government agencies.