Fly Fishing Forum - View Single Post - Hatchery Salmon are now wild?
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Old 04-29-2004, 03:39 PM
flytyer flytyer is offline
Pullin' Thread
 
Join Date: Jun 2002
Location: NW Washington
Posts: 3,346
Let us not forget that this declaration of hatchery Pacific Salmon being identical genetically to wild Pacific Salmon was made by a U.S District Court Judge, and it was upheld by the U.S. 9th Circuit Court of Appeals. Also, let us not forget that the legal defense group mentioned in the article has already put California, Oregon, Washington, Oregon, and the NMFS (and NOAA) on notice that if they don't change the fishing laws, and delist or change the status of the wild Pacific Salmon, they will be filing more lawsuits to force the change. Keep in mind they will use the Oregon Federal District Court's ruling to make their case, and it will be difficult to get another judge to go against the Oregon judge's ruling. We already know that the 9th Circuit Court of Appeals has ruled the Oregon Federal Judge was correct in his ruling.

Therefore, one more time, we have had an appointed for life U.S. judge "invent science" or law and make a ruling (which remember has the force of law through out the PNW states because of the 9Th Circuits Court's ruling in agreement).

It matters not which administration is in office in DC, not does it matter who the governor is in each of the states effected, nor does it matter who the legislators are when a U.S District Court Judge and a U.S. Court of Appeals covering the states effected makes a ruling we don't like. A federal judge is not subject to recall by the voters, he can only be impeached by the House of Representative, and removed after a trial by the Senate, and this is an extremely unlikely event.

Oh yeah, the judge who made the ruling was appointed by the Clinton administration, just like judge Bolt (who is so beloved by Washington state fishers) was appointed by LBJ and both of those administrations were "environmentally friendly".
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