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-   -   Snake Dams Court Ruling (http://www.flyfishingforum.com/flytalk4/showthread.php?t=17968)

flytyer 10-07-2004 04:22 PM

Snake Dams Court Ruling
 
I was sure someone else would post about this; but since no one has, it was time to post it. Anyway, I saw the Skagit Valley Herald (www,skagitvalleyherald.com) on Monday, October 4 that a three judge panel of the U.S. 9th Circuit Court of Appeals upheld a ruling of the U.S. District Court in Spokane, WA on the Snake and Columbia River system dams. The Spokane court (and the circuit court agree on appeal) that the Army Corp of Engineers was within the law (including the clean water provisions of the EPA) in how they operate all the dams on the Columbia and Snake Rivers systems.

This means that the Columbia, Snake, Clearwater, etc. dams can operate as they have been without needing to maximize water releases for anadromous fish.

Those of you who have been following this, know that Judge Redden cited this Spokane U.S. district Court ruling in his ordering NOAA-Fisheries to rewrite the Columbia Basin Salmon Recovery Plan as one of the reasons NOAA-Fisheries had to rewrite the plan.

This ruling by the three judge panel of the 9th Circuit Court also means that the Snake River dams will not be coming out or breached in the foreseeable future. This is because the court found they did not violate clean water regulations of the EPA and therefore could not be said with any certainty to cause a decline in the populations of salmon or steelhead.

This latest ruling means that so far this year: the fish have lost this one, fish won in the Sacramento River steelhead cast, fish won in the Methow Valley irragation case, the Columbia Basin Salmon Recovery case has produced no change in how anadromous fish are managed so far, and the Oregon Coastal coho case has ordered NOAA-Fisheries to not include hatchery coho in an ESU if the hatchery coho are not going to be included in deciding if wild coho need ESA protective listing. The tally fish=2, dam operators=1, and fish managers forced to change how ESU is determined=1. It sure has been a busy year for the courts.

DEERHAAWK 10-08-2004 12:28 AM

A Reason
 
Good evening,
Flytyer, thanks for the heads up on this on-going battle, and I want to use this info as a case in point. There is a reason why we post this information. It only goes to benifit the FISH if we all take just a little time to support some of these causes. This information, the meeting schedules that I have posted over the last few days, are put here to keep you informed and pluged in!
So I encourage you, as the season winds down, and you are left with a little extra time, take up a cause in your local area, to help the Fish!
Join a group, clean up a stream or river bank, take your kids out and show them the intricate eco system at a near by pond, write a letter to a politican in favor of Fish.
I have said it before, if all of us just put in a few hours a couple times a year, it would be a done deal.

I yeild the soapbox

Deerhawk

DEERHAAWK 10-25-2004 09:55 AM

Thanks
 
Flytyer,
Found this from 3 weeks ago about, thanks! Just need to bring it back to the forefront to show how important it is that we keep working on these very important issues.
Rules and laws can be changed, but it takes the dedicated effort of all parties to come to the RIGHT conclusion.
There is still more work to be done on this.

Deerhawk


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