Nmfs

MEMORANDUM

The City of Seattle constructed and operates a sockeye salmon hatchery in the Cedar River watershed, which could incidentally harm two local fish species listed under the Endangered Species Act. Appel lant Roz Glasser (Glasser) sued the National Marine Fisheries Service (NMFS) and D. Robert Lohn, Regional Administrator of the National Oceanic and Atmospheric Administration, challenging NMFS’s approval of the salmon hatchery, its issuance of an incidental take permit (ITP) and final biological opinion, and the agreement implementing these decisions, known as the Cedar River Habitat Conservation Plan (CRHCP).

Among other things, Glasser challenged the adequacy of the administrative record supporting the CRHCP, and requested that other materials she identified be added. The City of Seattle then requested that NMFS amend the ITP to exclude the sockeye hatchery at issue here. The NMFS obliged, which had the effect of removing the legal protection the City enjoyed under the ITP for violations of the Endangered Species Act arising out of its operation of the hatchery.

Glasser then filed a supplemental complaint contending the procedures required by the Administrative…