Contact: Russell Brooks
Phone: (425) 576-0484
Eugene,OR; January 17, 2006: NOAA
Fisheries announced today that it will not "relist" the Oregon Coast
coho as a threatened species under the Endangered Species Act, and that the
species does not warrant protection under the Act. The decision comes as the
final response to Pacific Legal Foundation's 2001 landmark court victory in Alsea
Valley Alliance v. Evans, where a federal court ruled that NOAA had
illegally ignored the prolific numbers of hatchery fish when it listed the
coho in 1998.
"NOAA's announcement vindicates what we've said all along: If the
government counts all the fish, an ESA listing is not warranted," said
Russ Brooks, the managing attorney for PLF's Pacific Northwest office who
successfully litigated the Alsea Valley Alliance case. "We are
pleased to see that NOAA's increased emphasis on the role of states in
managing species within their borders has finally resulted in a common sense
ESA decision. But it's unfortunate that it took a lawsuit to make it
happen."
"Sadly, it took NOAA almost 7 years from the time we brought the lawsuit
to arrive at this decision, and over 4 years to comply with a federal court
ruling," added Brooks. "In the meantime, Oregonians have needlessly
had their livelihoods damaged by regulations to protect fish that never were
endangered in the first place."
The Alsea ruling effectively delisted the Oregon coast coho, but for
the last four years, NOAA has resisted making it official. Instead, the agency
proposed to develop a new policy on hatchery fish to apply to all listed
salmon and steelhead on the west coast. In June, 2004, NOAA issued its draft
hatchery policy and proposed to once again list the Oregon coast coho as
"threatened." PLF immediately challenged both actions as violating
the ESA and the court's ruling in Alsea.
"Despite today's announcement, NOAA is still playing games with 16 other
salmon listings and 10 steelhead listings on the west coast," said
Brooks. "They simply can't continue to pretend hatchery fish don't exist
or they'll have to answer for it in court."
Last month, PLF filed a sweeping lawsuit challenging those 16 salmon listings
spanning four western states, charging NOAA with continuing to illegally
distinguish between hatchery and naturally spawned fish in violation of the
ESA and Alsea.
About Pacific Legal Foundation
Founded in 1973, Pacific Legal Foundation is a nonprofit,
public interest legal organization dedicated to defending individual and
private property rights. PLF is a national leader in the effort to reform the
Endangered Species Act and raise awareness of the act's impact on people.
PLF's Pacific Northwest Center is located in Bellevue, Washington.
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Source: http://www.pacificlegal.org/view_PLFNews.asp?i
ID=315&sTitle=NOAA+Finally+Complies+with+PLF%27s+