Federal Judge Leaves Coho Off Endangered Species List

A federal judge in Eugene on Tuesday refused to restore Oregon coastal coho to the endangered species list, clearing the way for 11 contested timbers sales to proceed.

The sales, in three Bureau of Land Management districts and two national forests in southwest Oregon, were stopped this year after a federal judge in Seattle ruled that they would hurt rivers and streams used by threatened coho. BLM and U.S. Forest Service officials last month announced that the sales would go forward if coho remained off the endangered species list.

U.S. District Judge Michael R. Hogan of Eugene on Tuesday denied a motion filed by Earthjustice on behalf of seven conservation and fishing groups for a stay of his Sept. 10 ruling that removed coho from the endangered species list. He did not rule on a request by Earthjustice for intervenor status which would allow the group to appeal his ruling but said he would consider more arguments Nov. 12.

Conservationists said they were disappointed that Hogan had not stayed his ruling and were also disappointed that the National Marine Fisheries Service had not decided to appeal. The agency, in charge of threatened and endangered salmon, has until Nov. 9 to decide whether it will appeal Hogan's September ruling. Agency officials Tuesday said they had not yet decided whether they would appeal Hogan's ruling.

"The bottom line is we are losing native salmon runs up and down the coast," said Kristen Boyles, an attorney with Earthjustice. "It's cold comfort our legal battle is not over. The harm to coho is going to go forward."

Hogan on Tuesday said that Oregon coastal coho were in no imminent danger of extinction. In his Sept. 10 ruling Hogan said the fisheries service erred when it included hatchery fish when defining Oregon coastal coho but only extended federal protection to wild fish.

Francis Eatherington of Umpqua Watersheds Inc., a Roseburg-based conservation group, said she was sad the BLM and Forest Service had decided to allow the timber sales to proceed.

"It's an incredible loss that these trees will be cut," Eatherington said. "The agencies had been making progress in designing timber sales that were less damaging to watersheds, and this could turn the whole thing around."

BLM and Forest Service officials said Hogan's Sept. 10 ruling left them no choice but to release the sales. "We're contractually obligated to move forward," said Liz Shaw, a spokeswoman for the Umpqua National Forest. "The impediment to allowing harvest was removed with Hogan's ruling. We can't arbitrarily decide not to let them go forward."

The BLM is releasing three sales in its Coos Bay district, one sale in its Medford district and one sale in its Eugene District. Siskiyou National Forest is releasing three sales and Umpqua National Forest is releasing seven sales.