Coho salmon are found in the Pacific Ocean, along the west coast of the continental United States and Alaska. As part of their natural life cycle, they are born in streams, creeks, and rivers and then migrate to the Pacific Ocean where they live up to two years before returning to spawn in the same river, creek and stream in which they were born. It is critical to survival of SONCC coho salmon spawn in the South Fork Little Butte Creek to have the ability to migrate and spawn upstream. These coho salmon are threatened with extinction and listed under the ESA as a threatened species.

According to the two-count Information, West used a bulldozer to push fill from a gravel bar to create a berm to divert the stream flow into a newly excavated channel during the time period of October and November 2007. The creation of the berm caused the unauthorized taking of coho salmon redds. Individuals are required to obtain state and federal permits before conducting "in-stream" work, in part to minimize impacts to threatened and endangered species.