Fish Ruling Came as a Surprise
Representatives of environmental and fishing groups said they were caught by surprise last month when a federal judge ruled that the threatened species listing of Oregon coastal coho salmon was unlawful.
On Wednesday, the groups moved to intervene in a case they once thought frivolous and appeal the Sept. 10 ruling by U.S. District Judge Michael Hogan that could have wide-reaching effects on West Coast salmon runs.
Hogan ruled that under the Endangered Species Act, hatchery coho salmon must be included with wild salmon when federal biologists consider whether the fish merit endangered species status. Coastal coho runs are made up of about 75 percent hatchery fish.
The listing, Hogan wrote, "creates the unusual circumstance of two genetically identical coho salmon swimming side-by-side in the same stream, but only one receives ESA protection."
The judge sent the listing decision for Oregon coastal coho back to the National Marine Fisheries Service for further consideration but with clear direction to include both wild and hatchery populations in future deliberations about the viability of the species.
The case was brought by the Alsea Valley Alliance, a group of individuals and business owners affected by limits on fishing in the Alsea River due to the threatened species listing of Oregon coastal coho. It was sparked after a Philomath man came across state wildlife officials clubbing hatchery coho salmon to death and destroying their eggs in 1999.
On Wednesday, the Oregon Natural Resources Council, Pacific Rivers Council, Pacific Coast Federation of Fishermen's Association, Institute for Fisheries Resources, Audubon Society of Portland, Coast Range Association and Siskiyou Regional Education Project joined together to challenge Hogan's ruling.
They asked Hogan to reconsider his decision; if he refuses, they'll ask the 9th Circuit Court of Appeals to grant a stay, pending appeal, so wild coho salmon continue to receive federal protection while the appeal works its way through the courts.
"Without a stay, we're likely to see our wild coho go extinct," said Trygve Sletteland, chief executive officer of the Pacific Rivers Council.
