|
It's
illegal only wild salmon is counted and protected.
On
February 24, 2004, the Ninth Circuit Court of Appeals effectively invalidated,
once again, the listing of the Oregon Coast coho salmon as a "threatened species"
under the Endangered Species Act (ESA). Rule
Text In September 2001, in Alsea Valley Alliance v. Evans, Judge Hogan ruled
that the National Marine Fisheries Service (NMFS) acted illegally in protecting
fish spawning in the wild, but not hatchery fish, which are genetically identical.
The NMFS' counting of only naturally spawned salmon while totally disregarding
hatchery spawned salmon kept the fish count artificially low, justifying otherwise
needless ESA protections and locking up land use. The
Court's order invalidating and setting aside the coho listing had been postponed
during the appeal and finally reinstated on February 24, 2004. Consequently, the
Oregon Coast coho listing no longer exists and may not be enforced. This decision
stands to have huge implications for land stewards and natural resource providers
such as farmers, ranchers, and timber harvesters as well as local governments
and citizens struggling with infrastructure development of schools, hospitals,
and highways. Victory
for "good science and common sense" The
Pacific Legal Foundation, which represented the Alsea Valley Alliance, claimed
the Court's decision as a victory for "good science and common sense." Many biologists,
including even a chief of the NMFS hatcheries and inland fisheries branch, have
agreed that there probably aren't any truly "wild" salmon left in the lower 48
states and that because of nearly 50 years of natural cohabitation, the hatchery-spawned
salmon and the "wild" salmon are virtually indistinguishable. "With the Ninth
Circuit's dismissal of this appeal, the 'sky is falling' rhetoric of hardcore
environmental activists has been debunked and their true agenda exposed. This
attempt to control private land use in the name of species protection has been
successfully shut down," The PLF attorney Russ Brooks said. The
National Grange has supported a "true scientific" basis for establishment
of buffer/setback restrictions along all bodies of water and it calls on NMFS
to promptly complete its review of the hatchery policy and salmon and steelhead
listings, consistent with the district court and Ninth Circuit decisions! |
If
you have any questions or comments please contact Legislative Research Analyst
Chil-Sook Hwang by fax: 202-347-1091
or by phone: 1-888-4GRANGE, ext 109. Thank
you for your grassroots participation in the National Grange Legislative program.
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Grange? For all subscription and circulation inquiries, Contact: Jonathan
Hill. |
