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Another Victory Helps Shape Salmon Policies

A three judge panel of the U.S. 9th Circuit Court of Appeals has dismissed the appeal of Judge Hogan’s decision in the Alsea Valley Alliance case that held that the listing of coastal coho was unlawful because hatchery fish were not counted. The Court also dissolved the appeals court order that had stayed Hogan’s order pending a reconsideration of the coho listing by NOAA. The Court did not decide the case on its merits.  It simply held that it had no jurisdiction because Judge Hogan’s decision was not “final.” It remanded the case to the federal listing agency, allowing it to reconsider listing issues in keeping with the decision.

Pacific Legal Foundation, who represent the Alsea Valley Alliance, believe the Court of Appeals decisions invalidate the coho listing, thereby preventing NOAA from involvement in coho concerns based on the prior listing. 

Assuming the appeal dismissal stands (it maybe reviewed by the entire Court), it sends a strong signal to NOAA that will be helpful as NOAA continues to work on its proposed policies relating to the role of hatchery fish in the listing process.  The policies will cover not only coastal coho, but other salmon listings as well.

Also helpful is the fact that the Department of Interior is now a part of the process of drafting the hatchery fish policy.  It now appears the long expected re-draft of the hatchery fish policy will not be available for some months.