Judge says Klamath and Rogue wild and hatchery coho are same fish. [Archive] - Fly Fishing Forum

: Judge says Klamath and Rogue wild and hatchery coho are same fish.


flytyer
01-12-2005, 10:16 PM
Yep, Judge Hogan (Remember him? he is the federal judge from Eugene, OR who ruled wild and hatchery coho were the same in an Oregon coastal river, which the 9th Circuit Court of Appeals upheld.) is at it again. He has now ruled that there is no genetic difference between wild and hatchery coho in the Klamath and Rogue river systems in a lawsuit that was brought by the California Grange and the Oregon Grange (the nice farm folks who would never dream of doing something that would harm fish).

Judge Hogan has granted NOAA-F's petition to let stand the wild coho protection in these river systems until NOAA-F finishes its review of 26 west coast salmon listings, which NOAA-F expects to be finished in June.

Remember how I spoke about the federal courts removing protection of fish and changing policies and application of law? This is another example of just that. Let's see, the fish have lost once before in Hogan's court; therefore, is anyone willing to bet the fish will lose again if another such case is filed in his court?

Nothing like precedent being set by his first ruling, the upholding of it by the 9th Circuit, and not this second ruling. And since the 9th Circuit upheld his first ruling on the coastal coho, it would stun me if the 9th Circuit would overturn this one if appealed. Welcome to fish management by the courts.

DEERHAAWK
01-12-2005, 11:36 PM
Flytyer,
Just sent an E-mail to the Gov. How dose this crap happen? I have my fingers in a bunch of stuff in this State, Yet I seem to miss the important things untill it's to late. Thanks for the heads up anyway
Oregon residents and all those who love the fishing here, send an e-mail to the Gov urging him to look into this ruling. Go to www.governor.or.us and click on contact us. Let him know how important the fisheries here in Oregon are to you.
Hey man if you hear of anything else please pm me, thanks. I'm glad you were on top of this!
Deerhawk

flytyer
01-13-2005, 01:47 PM
Deerhaawk,

Unfortunately, I usually don't hear of these until after the court has ruled and the newpapers report on the outcome. I do know the federal courts have been changing water law and fish protection with ruling like this. And I'm sure the big reason we don't hear about them until after the ruling has happened is the groups like the CA and OR Granges that brought this suit on behalf of farmers, orchardist, and vinters don't want it out to the public until after the court rules.

I predict that since Hogan has now ruled twice against protection of wild fish, that there will be more suits filed in his court because the probability of him ruling against fish or environmental protection again is rather high. And since the 9th Circuit has already affirmed his first ruling on the coastal coho case, I see no way the 9th circuit will not also affirm this one if it is appealed because they will site the first case as justification in case law to back it.

Because of this, I honestly don't know how much the OR governor can do; but I do know the man has guts and feistyness based on his recent speech about the feds and federal courts.