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6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE
9 WILD SALMON RIVERS d/b/a THE CONSERVATION ANGLER; and WILD Civil Case No. 2:25-cv-00116-JHC 10 FISH CONSERVANCY, STIPULATED SETTLEMENT 11 Plaintiffs, AGREEMENT AND ORDER OF 12 DISMISSAL v. 13
14 NATIONAL MARINE FISHERIES 15 SERVICE; UNITED STATES DEPARTMENT OF COMMERCE, 16 17 Defendants.
18 STIPULATED SETTLEMENT AGREEMENT 19 Plaintiffs, Wild Salmon Rivers d/b/a/ The Conservation Angler and Wild Fish 20 21 Conservancy (collectively, the “Plaintiffs”) and Federal Defendants the U.S. Department of 22 Commerce and National Marine Fisheries Service (collectively, “the Service”), by and through 23 their undersigned representatives, enter into the following Stipulated Settlement Agreement 24 (“Agreement”) for the purpose of resolving the above-captioned matter, and state as follows: 25 26 WHEREAS, Plaintiffs’ complaint alleges a failure to make a 12-month finding on 27 Plaintiffs’ August 2022 petition (“Petition”) to list the distinct population segment of steelhead 28 (Oncorhynchus mykiss) that occur on the Olympic Peninsula in the State of Washington 1 (hereafter “Olympic Peninsula steelhead”) as a threatened or endangered species under the 2 Endangered Species Act (“ESA”), 16 U.S.C. § 1533(b)(3)(B); 3 WHEREAS, in response to Plaintiffs’ Petition, the Service concluded that listing 4 Olympic Peninsula steelhead under the ESA “may be warranted.” 88 Fed. Reg. 8774–85 (Feb. 5 6 10, 2023); 7 WHEREAS, the Service has not yet issued a 12-month finding on Plaintiffs’ Petition. 16 8 U.S.C. § 1533(b)(3)(B); 9 WHEREAS, the Court granted Defendants’ unopposed motions for extensions of time to 10 respond to Plaintiffs’ Complaint. Dkts. 10, 15, 23; 11 12 WHEREAS, the Court granted the parties’ joint stipulated motions for extensions of time 13 to file initial deadlines set by the Court’s Order Regarding Initial Disclosures, Joint Status 14 Report, and Early Settlement, Dkt. 11. Dkts. 13, 17, 22, 25; 15 WHEREAS, Plaintiffs and the Service (collectively, the “Parties”) believe that settlement 16 in the manner described below is in the public interest and is an appropriate and efficient way to 17 18 resolve the claims in the above-captioned case; 19 WHERAS, the Service intends to provide Plaintiffs notice of the publication date in the 20 Federal Register referenced in Paragraph 1 on or before the date of publication; 21 NOW THEREFORE, the Parties desire to compromise and settle Plaintiffs’ case 22 23 according to the terms set forth below, and thus agree to this Stipulated Settlement Agreement: 24 1. On or before December 1, 2025, the Service will submit to the Federal Register for 25 publication a 12-month finding pursuant to 16 U.S.C. § 1533(b)(3)(B) on Plaintiffs’ August 26 2022 Petition to list Olympic Peninsula steelhead. 27 28 1 2. Plaintiffs agree that, upon approval of this Agreement by the Court, Plaintiffs’ Complaint 2 shall be dismissed with prejudice. To challenge any final 12-month finding issued pursuant to 3 Paragraph 1, Plaintiffs will be required to file a separate action. The Service reserves the 4 right to raise any applicable claims or defenses to such challenges. 5 6 3. Future Modifications of this Agreement: The Dismissal Order entering this Stipulated 7 Settlement Agreement (“Order”) may only be modified by the Court. The Order may be 8 modified upon good cause shown by stipulated motion of both the Parties filed with and 9 approved by the Court, or upon written motion filed by one of the Parties and as granted by 10 the Court after appropriate briefing. In the event that either Plaintiffs or the Service seek to 11 12 modify the terms of this Agreement, they will first provide written notice of the proposed 13 modification and the reasons for such modification to the other Party. The Parties will then 14 meet and confer (virtually, telephonically, or in person) at the earliest possible time before 15 any Party seeks this Court’s approval for modification. 16 17 4. Dispute Resolution: 18 A. If any Party believes another Party has failed to comply with any term of this 19 Agreement, the Party asserting noncompliance shall provide the other(s) with written 20 notice and the basis for the alleged noncompliance. The Parties shall meet and confer 21 (virtually, telephonically, or in person) to attempt to resolve the dispute within 14 22 23 calendar days of the written notice or such time thereafter as is mutually agreed upon. 24 B. After the initial meet and confer, the Parties will have 30 days, or such time thereafter 25 as is mutually agreed upon, to resolve the dispute. If the Parties are unable to resolve 26 the dispute within that time, then either Party may file a motion to enforce the Order. 27 28 1 C. If any Party fails to meet any of its obligations under paragraphs 1 through 4 of this 2 Agreement, the other Party’s first remedy shall be by motion to enforce the terms of 3 this Agreement, after following the dispute resolution procedures described above. 4 This Agreement shall not, in the first instance, be enforceable through a proceeding 5 6 for contempt of court. 7 5. Attorneys’ Fees and Costs: 8 A. The Service shall pay Plaintiffs a total of $20,000.00 for attorneys’ fees, costs, and other 9 litigation expenses for this lawsuit. 10 B. The Service shall make the payment by electronic funds transfer. 11 12 C. Plaintiffs will provide the Service with the account information necessary to effectuate 13 the payment. The Service will submit all necessary paperwork for the processing of the 14 attorneys' fees award within 10 business days of the Court's entry of the Order approving 15 this Agreement or the receipt of the information described in this paragraph, whichever is 16 later. 17 18 D. Plaintiffs agree to accept the Service’s payment of $20,000.00 in full satisfaction of all 19 claims for attorneys’ fees and costs of litigation incurred in this matter to date. Plaintiffs 20 agree that receipt of this payment from the Service shall operate as a release of Plaintiffs' 21 claims for attorney's fees and costs in this matter to date. 22 23 E. Plaintiffs also acknowledge that under 31 U.S.C. §§ 3711, 3716, 26 U.S.C. § 6402(d), 31 24 C.F.R. §§ 285.5, 901.3, and other authorities, the United States will offset against the 25 award of attorneys' fees and costs Plaintiffs' delinquent debts to the United States, if any. 26 See Astrne v. Ratliff, 560 U.S. 586 (2010). 27 28 1 6. Representative Authority: The undersigned representatives of Plaintiffs and the Service 2 certify that they are fully authorized by the party or parties whom they represent to enter into 3 the terms and conditions of this Agreement and to legally bind those parties to it. 4 7. Compliance with Other Laws: Nothing in this Agreement shall be interpreted as, or shall 5 6 constitute, a commitment or requirement that the Service obligates or pays funds, or take any 7 other actions, in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, the ESA, the 8 Administrative Procedure Act (“APA”), or any other applicable law or regulation, either 9 substantive or procedural.
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6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE
9 WILD SALMON RIVERS d/b/a THE CONSERVATION ANGLER; and WILD Civil Case No. 2:25-cv-00116-JHC 10 FISH CONSERVANCY, STIPULATED SETTLEMENT 11 Plaintiffs, AGREEMENT AND ORDER OF 12 DISMISSAL v. 13
14 NATIONAL MARINE FISHERIES 15 SERVICE; UNITED STATES DEPARTMENT OF COMMERCE, 16 17 Defendants.
18 STIPULATED SETTLEMENT AGREEMENT 19 Plaintiffs, Wild Salmon Rivers d/b/a/ The Conservation Angler and Wild Fish 20 21 Conservancy (collectively, the “Plaintiffs”) and Federal Defendants the U.S. Department of 22 Commerce and National Marine Fisheries Service (collectively, “the Service”), by and through 23 their undersigned representatives, enter into the following Stipulated Settlement Agreement 24 (“Agreement”) for the purpose of resolving the above-captioned matter, and state as follows: 25 26 WHEREAS, Plaintiffs’ complaint alleges a failure to make a 12-month finding on 27 Plaintiffs’ August 2022 petition (“Petition”) to list the distinct population segment of steelhead 28 (Oncorhynchus mykiss) that occur on the Olympic Peninsula in the State of Washington 1 (hereafter “Olympic Peninsula steelhead”) as a threatened or endangered species under the 2 Endangered Species Act (“ESA”), 16 U.S.C. § 1533(b)(3)(B); 3 WHEREAS, in response to Plaintiffs’ Petition, the Service concluded that listing 4 Olympic Peninsula steelhead under the ESA “may be warranted.” 88 Fed. Reg. 8774–85 (Feb. 5 6 10, 2023); 7 WHEREAS, the Service has not yet issued a 12-month finding on Plaintiffs’ Petition. 16 8 U.S.C. § 1533(b)(3)(B); 9 WHEREAS, the Court granted Defendants’ unopposed motions for extensions of time to 10 respond to Plaintiffs’ Complaint. Dkts. 10, 15, 23; 11 12 WHEREAS, the Court granted the parties’ joint stipulated motions for extensions of time 13 to file initial deadlines set by the Court’s Order Regarding Initial Disclosures, Joint Status 14 Report, and Early Settlement, Dkt. 11. Dkts. 13, 17, 22, 25; 15 WHEREAS, Plaintiffs and the Service (collectively, the “Parties”) believe that settlement 16 in the manner described below is in the public interest and is an appropriate and efficient way to 17 18 resolve the claims in the above-captioned case; 19 WHERAS, the Service intends to provide Plaintiffs notice of the publication date in the 20 Federal Register referenced in Paragraph 1 on or before the date of publication; 21 NOW THEREFORE, the Parties desire to compromise and settle Plaintiffs’ case 22 23 according to the terms set forth below, and thus agree to this Stipulated Settlement Agreement: 24 1. On or before December 1, 2025, the Service will submit to the Federal Register for 25 publication a 12-month finding pursuant to 16 U.S.C. § 1533(b)(3)(B) on Plaintiffs’ August 26 2022 Petition to list Olympic Peninsula steelhead. 27 28 1 2. Plaintiffs agree that, upon approval of this Agreement by the Court, Plaintiffs’ Complaint 2 shall be dismissed with prejudice. To challenge any final 12-month finding issued pursuant to 3 Paragraph 1, Plaintiffs will be required to file a separate action. The Service reserves the 4 right to raise any applicable claims or defenses to such challenges. 5 6 3. Future Modifications of this Agreement: The Dismissal Order entering this Stipulated 7 Settlement Agreement (“Order”) may only be modified by the Court. The Order may be 8 modified upon good cause shown by stipulated motion of both the Parties filed with and 9 approved by the Court, or upon written motion filed by one of the Parties and as granted by 10 the Court after appropriate briefing. In the event that either Plaintiffs or the Service seek to 11 12 modify the terms of this Agreement, they will first provide written notice of the proposed 13 modification and the reasons for such modification to the other Party. The Parties will then 14 meet and confer (virtually, telephonically, or in person) at the earliest possible time before 15 any Party seeks this Court’s approval for modification. 16 17 4. Dispute Resolution: 18 A. If any Party believes another Party has failed to comply with any term of this 19 Agreement, the Party asserting noncompliance shall provide the other(s) with written 20 notice and the basis for the alleged noncompliance. The Parties shall meet and confer 21 (virtually, telephonically, or in person) to attempt to resolve the dispute within 14 22 23 calendar days of the written notice or such time thereafter as is mutually agreed upon. 24 B. After the initial meet and confer, the Parties will have 30 days, or such time thereafter 25 as is mutually agreed upon, to resolve the dispute. If the Parties are unable to resolve 26 the dispute within that time, then either Party may file a motion to enforce the Order. 27 28 1 C. If any Party fails to meet any of its obligations under paragraphs 1 through 4 of this 2 Agreement, the other Party’s first remedy shall be by motion to enforce the terms of 3 this Agreement, after following the dispute resolution procedures described above. 4 This Agreement shall not, in the first instance, be enforceable through a proceeding 5 6 for contempt of court. 7 5. Attorneys’ Fees and Costs: 8 A. The Service shall pay Plaintiffs a total of $20,000.00 for attorneys’ fees, costs, and other 9 litigation expenses for this lawsuit. 10 B. The Service shall make the payment by electronic funds transfer. 11 12 C. Plaintiffs will provide the Service with the account information necessary to effectuate 13 the payment. The Service will submit all necessary paperwork for the processing of the 14 attorneys' fees award within 10 business days of the Court's entry of the Order approving 15 this Agreement or the receipt of the information described in this paragraph, whichever is 16 later. 17 18 D. Plaintiffs agree to accept the Service’s payment of $20,000.00 in full satisfaction of all 19 claims for attorneys’ fees and costs of litigation incurred in this matter to date. Plaintiffs 20 agree that receipt of this payment from the Service shall operate as a release of Plaintiffs' 21 claims for attorney's fees and costs in this matter to date. 22 23 E. Plaintiffs also acknowledge that under 31 U.S.C. §§ 3711, 3716, 26 U.S.C. § 6402(d), 31 24 C.F.R. §§ 285.5, 901.3, and other authorities, the United States will offset against the 25 award of attorneys' fees and costs Plaintiffs' delinquent debts to the United States, if any. 26 See Astrne v. Ratliff, 560 U.S. 586 (2010). 27 28 1 6. Representative Authority: The undersigned representatives of Plaintiffs and the Service 2 certify that they are fully authorized by the party or parties whom they represent to enter into 3 the terms and conditions of this Agreement and to legally bind those parties to it. 4 7. Compliance with Other Laws: Nothing in this Agreement shall be interpreted as, or shall 5 6 constitute, a commitment or requirement that the Service obligates or pays funds, or take any 7 other actions, in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, the ESA, the 8 Administrative Procedure Act (“APA”), or any other applicable law or regulation, either 9 substantive or procedural. Nothing in this Agreement is intended to, or shall be construed to, 10 waive any obligation to exhaust administrative remedies; to constitute an independent waiver 11 12 of the United States’ sovereign immunity; to change the standard of judicial review of federal 13 agency actions under the APA; to otherwise extend or grant the Court jurisdiction to hear any 14 matter, except as expressly provided in the Agreement; or to limit or modify the discretion 15 accorded to the Services by the ESA, the APA, or general principles of administrative law 16 with respect to the procedures to be followed in making any finding required herein, or as to 17 18 the substance of any finding. 19 8. Mutual Drafting and Other Provisions: 20 A. It is hereby expressly understood and agreed that this Agreement was jointly drafted 21 by Plaintiffs and the Service. Accordingly, the Parties hereby agree that any rule of 22 23 construction to the effect that ambiguity is construed against the drafting party shall 24 be inapplicable in any dispute concerning the terms, meaning, or interpretation of the 25 Agreement. 26 B. This Agreement contains all of the agreements between Plaintiffs and the Service and 27 is intended to be and is the final and sole agreement between Plaintiffs and the 28 1 Service concerning the complete and final resolution of Plaintiffs’ complaint. 2 Plaintiffs and the Service agree that any other prior or contemporaneous 3 representations or understandings not explicitly contained in this Agreement, whether 4 written or oral, are of no further legal or equitable force or effect. Any subsequent 5 6 modifications to this Agreement must be in writing and approved by this Court. 7 C. This Agreement is the result of compromise and settlement, and does not constitute 8 an admission, implied or otherwise, by Plaintiffs or the Service to any fact, claim, 9 defense, or issue of law. No part of this Agreement shall have precedential value in 10 any pending or future litigation, representations before any court, administrative 11 12 action, forum, or any public setting. Except as expressly provided in this Agreement, 13 none of the Parties waives or relinquishes any legal rights, claims or defenses it may 14 have. 15 9. Continued Jurisdiction: Notwithstanding the dismissal of this action, the Parties hereby 16 stipulate and respectfully request that the Court retain jurisdiction to oversee compliance with 17 18 the terms of this Agreement and to resolve any motions to modify the terms of this 19 Agreement, subject to the dispute resolution procedures specified in paragraph 4 above. See 20 Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 (1994). 21
22 23 DATED: June 30, 2025 24 Respectfully submitted,
25 ADAM R.F. GUSTAFSON 26 Acting Assistant Attorney General NICOLE SMITH, Assistant Section Chief 27 By: s/ Kieran F. O’Neil 28 KIERAN F. O’NEIL, Trial Attorney 1 AK Bar No. 2311132 U.S. Department of Justice 2 Environment and Natural Resources Division 3 Wildlife & Marine Resources Section P.O. Box 7611, Ben Franklin Station 4 Washington, D.C. 20044-7611 Tel: (202) 353-7548 5 Fax: (202) 305-0275 6 Email: Kieran.O’Neil@usdoj.gov
7 Attorneys for Defendants
9 KAMPMEIER & KNUTSEN, PLLC
10 By: s/ Brian A. Knutsen Brian A. Knutsen, WSBA No. 38806 11 1300 S.E. Stark Street, Suite 202 12 Portland, Oregon 97214 Telephone: (503) 841-6515 13 Email: brian@kampmeierknutsen.com
14 Erica L. Proulx, WSBA No. 60155 15 705 Second Avenue, Suite 901 Seattle, Washington 98104 16 Telephone: (206) 739-5184 erica@kampmeierknutsen.com 17
18 Attorneys for Plaintiffs The Conservation Angler & Wild Fish Conservancy 19 20 21 22 23 24 25 26 27 28 1 PURSUANT TO STIPULATED SETTLEMENT AGREEMENT, IT IS SO ORDERED. 2 The Stipulated Settlement Agreement executed by the Parties is hereby incorporated into 3 this Order. 4 5 IT IS FURTHER ORDERED that this Court shall have continuing jurisdiction to enforce 6 || this Order and the terms of the Stipulated Settlement Agreement consistent with the terms of the 7 || Stipulated Settlement Agreement. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 8 TI (1994), 9 IT IS FURTHER ORDERED that this case is hereby DISMISSED with prejudice. 10 1] 12 DATED this 1* day of July, 2025 13 4 C fhe. 4. Chur _ 15 JOHN H. CHUN 6 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATED SETTLEMENT AGREEMENT AND ORDER OF DISMISSAL — 8