If you didn't know that the federal government has an agency known as the National Marine Fisheries Service (NMFS), you're probably not alone. Part of the National Oceanic and Atmospheric Administration (NOAA), the NMFS is tasked with protecting, managing, and conserving marine resources.
Some conservation groups are well aware of the NMFS and what falls under their purview. Four have banded together to file a lawsuit against the NMFS in a federal district court in Oregon, demanding that the agency make a decision on whether a trio of Chinook salmon populations qualify for protection under the Endangered Species Act (ESA) of 1973.
The groups want the courts to authorize an injunction compelling the NMFS to comply. The NMFS's refusal to do so previously caused the scales of justice to become involved.
An Upstream Battle
The Chinook salmon is the largest of the seven types of Pacific salmon. It's also referred to as the King salmon. Like their Atlantic brothers, Chinook salmon are anadromus. This means they can live in both salt and fresh water. While they spend the bulk of their lives in the ocean, Chinook salmon are born in freshwater and, if successful in spawning, will die in freshwater as well.
Under the ESA, the public can petition the NMFS to determine if a species qualifies for endangered or threatened status. If the NMFS determines that either classification may be warranted, under federal law it has 12 months to issue a finding either granting or denying status.
The plaintiffs in the lawsuit — Native Fish Society, The Center for Biological Diversity, Pacific Rivers, and Umpqua Watersheds — claim that in August of 2022, petitions were submitted to the NMFS for the Oregon Coast and Southern Oregon and Northern California Coastal Chinook salmon. Another was submitted for the Washington Coast spring-run Chinook salmon in July 2023.
Later in 2023, the NMFS agreed that consideration for all three species was warranted. The plaintiffs allege that as of the lawsuit's filing on February 18, 2025, the NMFS has not provided the required determinations. Citing markedly decreased numbers in the population of the petitioned species, the plaintiffs argue that endangered status is required to keep them from vanishing completely.
The Seafood Menu
Chinook salmon are considered an important part of the food chain. In addition to being a source of food for bears and otters, some species of Chinook are a primary means of sustenance for Southern Resident orca whales. On the endangered list, the orcas have seen a reduction in available Chinook combined with other factors to reduce their population to 73.
Two species of Pacific Chinook — the Sacramento River winter-run and the Upper Columbia River spring-run — already have endangered status under the ESA. Another seven are under threatened status. The Chinook featured in the lawsuit have seen their numbers dwindle due to dams and river diversions keeping them from returning to their spawning grounds.
Water quality is also an issue, as is the release of farm-bred Chinook into the ecosystem. The farmed fish are considered inferior stock and conservationists fear they'll dilute and weaken the genetic pool of the species.
Preservation by the Nation?
By using the lawsuit to try to force the NMFS into issuing decisions, the plaintiffs hope to expedite the protections they insist the Chinook salmon need. There are no deadlines listed in the lawsuit. An NMFS declined to comment on the legal action.
If deemed endangered, the species would put a recovery plan into effect that would outlaw their population from being reduced in any manner. This would include fishing, collecting, or otherwise harming the Chinook salmon in any way. Bears, otters, and orcas need not worry about following any rulings.
Related Resources
- Animal Rights and Laws (FindLaw's Animal Rights)
- Overview: Key Federal Environmental Laws (FindLaw's Learn About the Law)
- Contacting the EPA (FindLaw's Business Laws and Regulations)
