Court Protects Wild North Umpqua River Summer Steelhead

The North Umpqua River and its Wild Summer Steelhead are Iconic

Request to Release Hatchery Summer Steelhead Denied

On October 30, 2024, a Marion County Circuit Court judge denied a motion for an injunction, requesting that the court order the continued release of hatchery summer steelhead into Oregon’s famed North Umpqua River.

The Conservation Angler’s work to protect the North Umpqua River’s legendary wild summer steelhead took a major step forward yesterday, when a Marion County Circuit Court judge denied a motion for an injunction, requesting that the court order the continued release of hatchery summer steelhead into the river. A copy of the Court’s Opinion is available here.

As a result, the Oregon Fish and Wildlife Commission’s historic decision to terminate the Rock Creek Hatchery summer steelhead program - which TCA and its allies (the “North Umpqua Coalition”) secured through effective legal, scientific, and grassroots advocacy - will finally be implemented.

TCA’s Legal and Policy Director, Rob Kirschner, Science Director, John McMillan, and Executive Director, Dave Moskowitz, have played key roles in ensuring that these fish are protected from hatchery threats. Specifically, Rob uncovered the Rock Creek Hatchery summer steelhead program’s legal violations, drafted a Petition for Declaratory Ruling regarding those violations, and co-wrote legal briefs with the Coalition’s attorney, Karl G. Anuta, to defend the Commission’s decision and defeat the motion for preliminary injunction. John provided expert scientific support, including a convincing report on the Oregon Fish and Wildlife Department’s flawed analysis of the hatchery program and compelling testimony to the Commission about the hatchery program’s negative effects on wild summer steelhead. Read John’s declaration here. Dave repeatedly testified to the Commission about their importance to anglers, conservationists, and others. 

TCA is proud to partner with the Steamboaters, The North Umpqua Foundation, Umpqua Watersheds, Native Fish Society, and Pacific Rivers in yet another chapter in the story of wild fish advocates protecting the North Umpqua River’s extraordinary steelhead. TCA’s partners have stopped dams and dynamite from extirpating wild North Umpqua River steelhead and gained significant habitat protections for the river.

TCA will continue to fight in this case to ensure that the Commission’s decision to protect these extraordinary fish is ultimately upheld.

The future Looks Brighter for the North Umpqua Wild Summer Steelhead

Here are excepts of the press release:

-Yesterday’s decision marks the latest chapter in the North Umpqua Coalition’s campaign to protect the North Umpqua River’s legendary wild summer steelhead from the negative genetic and ecological effects of the Rock Creek Hatchery summer steelhead program.

-Among other actions, in 2022, the Coalition submitted a Petition for Declaratory Ruling, which alerted the Oregon Fish & Wildlife Commission to legal violations stemming from the release of hatchery summer steelhead into the river.

-Shortly thereafter, the Commission held a public hearing about the hatchery program. During that Hearing, the Coalition gave a compelling presentation (scroll to minutes 7:15:40 - 7:28:44) about the hatchery program’s harmful effects on wild summer steelhead. The Commission was persuaded by the best available scientific data and voted to terminate the hatchery summer steelhead program at Rock Creek.

-Several parties (“Petitioners”) filed a lawsuit challenging the Commission’s decision. The Conservation Angler, Steamboaters, The North Umpqua Foundation, Native Fish Society, Umpqua Watersheds, and Pacific Rivers are all participating in that case as Amicus or “friend of the court” parties. The Amicus groups submitted detailed briefs and supporting Declarations opposing the motion to force the agency to continue hatchery summer steelhead releases. Those briefs are available here and the expert’s Declarations are here and here.

-“We are pleased with the outcome,” said David Moskowitz, Executive Director for The Conservation Angler. “Hatchery summer steelhead have been released into the North Umpqua River for decades, even though the data demonstrated the negative consequences of those releases on wild summer steelhead. We are greatly relieved that the river’s wild summer steelhead will finally get a break. The Coalition will continue to fight in this case to ensure that the Commission’s historic decision to protect these extraordinary fish is ultimately upheld.”

-“Today’s decision represents a major step forward for Oregon’s iconic wild summer steelhead,” said Mark Sherwood, Native Fish Society’s Executive Director. “When quality habitat and cold water are present like in the North Umpqua, nothing helps restore wild fish to abundance better than sunsetting harmful hatchery programs. Wild is the future!”

The North Umpqua Coalition consists of Conservation Angler, Native Fish Society, North Umpqua Foundation, Pacific Rivers, Steamboaters and Umpqua Watersheds.

The North Umpqua Coalition is represented in this case by the Law of Office of Karl G. Anuta PC.