UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE
West Coast Region
1201 NE Lloyd Boulevard, Suite 1100
PORTLAND, OR 972321274

March 4, 2016
Brian A. Knutsen
Kampmeier & Knutsen, PLLC
833 S.E. Main St. #327
Portland, OR 97214
Dear Mr. Knutsen and members of the Wild Fish Conservancy:
We are in receipt of your notice of intent (NOi) to sue the National Marine Fisheries Service
(NMFS) dated January 13, 2016, which alleges that NMFS is in violation of the Endangered
Species Act (ESA) for failing to comply with 7 of the ESA regarding the distribution of
Mitchell Act funds to hatcheries in the Columbia River basin.
We are responding to your NOI to let you know that, by August of 2015, NMFS had already
undergone internal discussions over the proposed actions and schedule for completing 7
consultation on Mitchell Act funding related to the Mitchell Act final environmental impact
statement (FEIS) and completion of a record of decision (ROD) on the policy direction
associated with that document. In fact, on January 12, 2016, NMFS submitted a notice to the
Federal Register (published January 15) indicating its intent to fulfill its ESA 7 obligations in
conjunction with its plans to issue the ROD in 2016, 8 I FR 2196 (Jan. I 5, 2016).
Consequently, NMFS is presently preparing a biological opinion which will cover both the FEIS
policy direction and the planned distribution of Mitchell Act funds for 2016. Preparation of a
draft biological opinion is underway at the Hatchery and Inland Fisheries Branch of the NMFS
West Coast Region's Sustainable Fisheries Division and, while we do not have a specific
estimated completion date at this time, we expect to complete and sign the Opinion by July,
2016, pending the final details of this year's funding, which we expect to receive in April or
May. Mitchell Act funds are typically released by NMFS to recipients by August of each fiscal
year, and that is why the consultation process has been planned and scheduled with an
anticipated July completion date.
We also wish to advise that NMFS does not plan to distribute 2016 Mitchell Act funds for the
operation and maintenance of hatcheries until our Opinion is completed and also until conclusion
of 7 consultation with the U.S. Fish & Wildlife Service with respect to effects of distributing
Mitchell Act funds on bull trout and other ES A-listed species under its jurisdiction.
The preferred alternative identified in the FEIS, if adopted in the forthcoming ROD, will assure
that Mitchell Act funds are directed toward Columbia River hatchery programs that emphasize
minimization of hatchery impacts and improved hatchery practices. NMFS continues to work
with hatchery operators to improve hatchery practices, through the review of hatchery and
genetic management plans (HGMPs) under ESA 4(d), through permit applications under ESA
10, and through consultations under ESA 7 on federal agency actions related to hatcheries.

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For example, steelhead hatchery programs that were likely to adversely affect the lower
Columbia River Steelhead Distinct Population Segment were terminated at four locations in
2014. As we stated when visiting your offices on February 2, we invite your attention to the
various hatchery reviews currently underway.
Please let us know if you have any further questions.

Rob Jones, Chief

'J:~.J :FisheriesBranch
West Coast Region
National Marine Fisheries Service