Northwest Steelhead And Salmon Council Of Trout Unlimited V. Washington State Department Of Fisheries

PEKELIS, C.J.*fn* -- Art Van Vliet, Northwest Steelhead and Salmon Council of Trout Unlimited (Trout Unlimited) appeal from a superior court order affirming the Department of Fisheries' (the Department)*fn1 approval of Rodney Bowen's (Bowen) application for hydraulic project approval (HPA) to construct a bridge across a Seattle creek. On appeal, Trout Unlimited appears to challenge the Department's decision on two primary bases, arguing that: (1) the Department erred in modifying certain findings of fact and conclusions of law entered by the Administrative Law Judge (ALJ) and (2) the Department erred in deferring the decision concerning the impact of Bowen's proposed house construction to the City of Seattle (the City), the lead agency under the State Environmental Policy Act (SEPA), in light of the Department's unique statutory mandate to preserve and protect fish life in state waters and in light of substantial evidence indicating that the City's mitigating conditions would be inadequate. We affirm.