Fly Fishing Forum - View Single Post - Hatchery Salmon are now wild?
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Old 04-29-2004, 10:15 PM
flytyer flytyer is offline
Pullin' Thread
Join Date: Jun 2002
Location: NW Washington
Posts: 3,346

No, the feds are not to blame, the blame for this mess (re: hatchery fish being genetically identical to wild fish) lays solely with a federal district court judge by the name of Hogan.


The judge ruled that the fish were identical genetically and the 9th Circuit Court of Appeals agreed earlier this year. the Bush administration had nothing to do with it, as Keith already pointed out. It was a federal judge, who was appointed by Clinton and affirmed by the Senate, that said it and changed environmental law with his decision. Since his decision was affirmed by the 9th Circuit Court of Appeals, the decision effects all states within the 9th Circuit Court's jusridiction. This means that California, Oregon,. Washington, Idaho, and Alaska must abide by the single judges ruling and change their policies and laws to reflect it. It also means that the NMFS and NOAA have to change their policies and rules on Pacific Salmon to comply with the ruling as well.

Remember, this judge was appointed for life by the environmentally friendly President Clinton. And three the 9th circuit judges were appointed by President Clinton too. Also, remember that when a judge makes a ruling and the ruling is appealed and upheld by the higher court, it becomes the law and the judicial ruling (law) overrides any legislation or laws that were enacted by state legislatures or Congress. This includes any prior ruling that a species is endangered or threatened.

The maddening part about this is that no legislative body can change what the judge did. We and the feds and state fisheries managers must live with it. The only way it can be changed is through having another federal district court judge rule hatchery and wild fish are not genetically identical. This is highly unlikely, and even if it did occur, the decision would be immediately appealed to the 9th Circuit Court of Appeals and the probability of the 9th circuit overturning a prior ruling of theirs is nil.

The blame for this cannot be laid on Bush. The responsibility can only be laid on a single federal judge. Also keep in mind that Democrats in the Senate have prevented through filibusters on votes to affirm al the l Bush federal judicial choices for the last 2 years.

Welcome to the wonderful world of United States Case Law, which means the laws put into force by a non-elected federal judges that cannot be changed unless overturned by another judge.
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