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PLF Vows Appeal of Salmon Ruling So
That All Fish Get Counted
Sonya D. Jones, Attorney, Pacific Legal Foundation 8/16/07
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SACRAMENTO, California; August 15,
2007: A court ruling this week that permits federal regulators to ignore
vast numbers of fish when deciding whether salmon are “endangered” or
“threatened” will be appealed, attorneys with Pacific Legal Foundation
announced. A federal District Court in Eugene, Oregon, dismissed a PLF
lawsuit that challenged all 16 Endangered Species Act listings of West Coast
salmon because federal officials have been leaving hatchery salmon out of
the equation for determining whether salmon need special regulatory
protection.
PLF attorneys represent farmers, property owners, and fishing families who
face stringent restrictions because of unnecessary federal listing of
salmon. The lawsuit argues that the National Marine Fisheries Service is
obliged by the ESA itself to consider the entire population of salmon, when
deciding whether regulation is necessary.
“Federal law says that all the salmon should be counted, and all the salmon
should count,” said Pacific Legal Foundation attorney Sonya Jones.
“Regulators do not have license to pick and choose which salmon they’ll pay
attention to and which ones they’ll ignore. For this reason, the case is not
over. We’re appealing, so that the federal officials will be required to do
their job under the ESA.”
“Not only does the law say that regulators can’t do a low-ball estimate of
salmon, science and common sense argue against leaving hatchery salmon out
of the equation,” Jones continued. “Hatchery salmon are real salmon. They’re
biologically the same as stream-spawned fish. Most stream-spawned salmon are
descended from hatchery fish.”
“This case has important real-world consequences for the people and the
economy of the Northwest,” said Jones. “When regulators put their hands over
their eyes and act as if a large segment of the salmon population doesn’t
exist, they’re more likely to impose harsh regulations on property owners
and businesses, to ‘protect’ a species because they’ve deliberately
underestimated its population.”
The case is Alsea Valley Alliance v. Lautenbacher.
Pacific Legal Foundation is the nation’s leading litigator against abusive
or negligent regulatory actions under the ESA that impose regulations not
required by the biological status of species or authorized by the terms of
the law.
About Pacific Legal Foundation Pacific Legal Foundation (www.pacificlegal.org)
is the oldest and largest public interest legal organization dedicated to
property rights, limited government, and a balanced approach to
environmental protection. # # #
Klamath Water Users Association
2455 Patterson Street, Suite 3
Klamath Falls, Oregon 97603
Phone (541) 883-6100
FAX (541) 883-8893
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