Chronology of Events Leading to NOAA Fisheries’
Hatchery Policy and Proposed Updated Listing Determinations
May 28, 2004
November 1991 - Snake River sockeye becomes the first salmon listed by
NOAA Fisheries (then the National Marine Fisheries Service) under the
Endangered Species Act. An additional 25 are listed by 1999.
April 1993 - NOAA Fisheries publishes a “joint interim hatchery policy”
with the U.S. Fish and Wildlife Service in the Federal Register.
September 2001 – A federal court in Oregon rules in Alsea Valley
Alliance v. Evans that the agency’s hatchery policy is flawed: the ESA
doesn’t allow NOAA Fisheries to exclude hatchery stocks from a defined
population of Oregon Coast coho listed under the ESA. In the same ruling the
court invalidates the Oregon Coast coho ESA listing.
September 2001 – Beginning in September 2001 through April 2002, NOAA
Fisheries receives eight petitions affecting 17 listed populations of salmon
and steelhead from a variety of organizations requesting either that the
agency de-list groups of salmon or re-define salmon populations to include
only wild fish.
November 2001 – Following a decision by NOAA Fisheries not to appeal
the federal court’s ruling, a group of environmental plaintiffs sues and is
granted “intervener” status and immediately appeals to the Ninth Circuit
Court of Appeals. The Court of Appeals stays the lower court’s ruling until
it makes a decision, thus putting Oregon Coast coho temporarily at least, back
on the ESA list.
November 2001 – Because the district court’s interpretation of ESA
has wide import beyond the Oregon Coast coho listing, NOAA Fisheries announces
it will conduct biological status reviews of all salmon and steelhead West
Coast listings and will rewrite its hatchery policy to bring it into accord
with the court’s ruling.
February 2004 – The Ninth Circuit Court denies the environmental
plaintiffs’ appeal, in effect upholding the district court’s 2001 opinion
and lifts its stay of that court’s ruling; however, the formal lifting of
the stay, known as a mandate, has not yet been formally issued by the court,
meaning that the Oregon Coast coho is still listed as “threatened” under
the ESA.
May 28, 2004 – NOAA Fisheries issues its hatchery policy for public
comment and publishes its proposed decisions on 27 salmon and steelhead
populations on the West Coast.
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