Daniel J. Rohlf, OSB 990069

rohlf@lclark.edu 

Telephone: (503) 768-6707

Thomas Buchele, OSB 081560

tbuchele@lclark.edu

Telephone (503) 768-6736

Earthrise Law Center

10015 S.W. Terwilliger Blvd.

Portland, OR 97219-7768

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

AUDUBON SOCIETY OF PORTLAND, WILDLIFE 

CENTER OF THE NORTH COAST, ANIMAL LEGAL 

DEFENSE FUND, CENTER FOR BIOLOGICAL 

DIVERSITY, FRIENDS OF ANIMALS, 

Plaintiffs,

v.

U.S. ARMY CORPS OF ENGINEERS, U.S. FISH AND 

WILDLIFE SERVICE, USDA WILDLIFE SERVICES,

Defendants.

Civil No. 15-665

DECLARATION OF 

DAN VAN DEN 

BROEK

I, Dan van den Broek, declare as follows:

1. I am a resident of Gladstone, Oregon.

2. I have been employed as a trip leader and educator for the Audubon 

Society of Portland (“Audubon”) for 10 years. Prior to being employed by 

Audubon, I worked in a volunteer capacity leading bird watching and educational 

trips since 1990. I am also a member of Audubon and have been since 1985.

Case 3:15-cv-00665-SI Document 25 Filed 04/30/15 Page 1 of 3
3. Audubon Society of Portland in a non-profit organization that was 

founded in 1902 by a group of conservationists and now has over 15,000 

members. Audubon’s mission is to promote the understanding, enjoyment, and 

protection of native birds, other wildlife and their habitats. Audubon engages in 

conservation and education work related to wildlife species and habitats, as well 

as managing a wildlife rehabilitation center and several wildlife sanctuaries 

throughout Oregon.

4. As a trip leader and educator for Audubon I lead trips locally throughout 

Oregon and Washington, as well as nationally and internationally. Trips are 

primarily focused on bird watching, but also include educational information on 

natural history and local culture. Audubon typically leads paid trips to the 

Columbia River Estuary (“Estuary”) as part of our ‘School of Birding’ and 

‘World of Birds’ programs several times per year. The highlights of these trips to 

the Estuary is the abundance of wildlife in the area, especially the diversity of 

species, among them the three species of cormorants often found in the area, 

including the Double-crested Cormorant. 

5. Double-crested cormorants are a species of significant attraction for these 

trips to the Estuary, especially when they are found in high concentrations as it 

increases the chance of observing the birds actively foraging or roosting in 

groups. A spectacle, and destination stop for these trips is the Hammond Boat 

Basin, where you can often observe high concentrations of all three species of 

cormorants roosting and foraging together. 

Case 3:15-cv-00665-SI Document 25 Filed 04/30/15 Page 2 of 3
6. Audubon will continue to lead trips to the Estuary, so long as there is an 

abundance of wildlife and intact and functioning ecosystems can be observed, 

which includes healthy populations Double-crested Cormorants. 

7. The potential of one of our guided trips coming into contact with direct or 

indirect evidence of any of the proposed population management actions slated 

for the Estuary may create an emotional and/or physical deterrent for future trips 

in this area. The chance of observing a wounded, suffering or deceased cormorant 

that was either improperly dispatched or disposed of as part of the population 

management actions, would make such a trip very unattractive to our potential 

clients. Additionally, a dramatic decrease in cormorant sittings in the Estuary due 

to abandonment of the colony because of the disturbance of population 

management actions on the island would greatly decrease the marketability of 

these trips as Double-crested Cormorants are often a highlight. This decreased 

marketability and fear of witnessing evidence of this massive cormorant slaughter 

could lead these trips to no longer be viable for Audubon to lead. 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing 

is true and correct to the best of my knowledge and belief.

Executed on April 27, 2015.

___________________________________

 Dan van den Broek 

Case 3:15-cv-00665-SI Document 25 Filed 04/30/15 Page 3 of 3