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Old 05-04-2004, 02:22 PM
flytyer flytyer is offline
Pullin' Thread
Join Date: Jun 2002
Location: NW Washington
Posts: 3,346

Blaming the adminstration in office at the time of a decision of a federal judge, which ordered the adminstrations federal oversight agency (in this cast NOAA Fisheries) is like blaming the governor, WDFW, and the adminstration in office at the time of the Bolt decision. It is not the fault of the adminstration anymore than Bolt was the fault of the governor et al. However, NOAA Fisheries must comply with Judge Hogan's decision, just like WDFW and Washington State had to comply with Judge Bolt's decision. The administration has no choice, just like WDFW and Washinton State had to comply with Judge Bolt's decision.

I am not happy about Judge Hogan's decision, nor the 9th Circuit Court of Appeals ruling that affirmed Judge Hogan's ruling in the least. However, all the anger, complaining, finger-pointing (which can only be directed at Judge Hogan's decision in all honesty), angst, and vote-the-curent adminstration out of office is not going to change the simple fact that a federal judge (Judge Hogan) ruled 1) hatchery and wild salmon are the same species and same fish; 2) hatchery fish must be counted when deciding if a run of salmon is threatened or endangered; 3) remove from threatened or endangered status salmon runs by river system that have that status based upon wild fish only; and 4) NOAA Fisheries has to redo the federal Salmon Recovery Plan to do what #1 through #3 require.

We are angry at what Hogan's ruling is doing, rightfully so. Unfortunately, because federal judges are appointed for life and can only be removed by way of an impeachment by the House of Representative and trial in the Senate after the impeachment in the House precluding us from taking action against the judge, it is very easy for all of us and other conservation minded people and groups to displace our anger and frustration from the court's ruling to the administration in office at the time of the ruling.

Once again I must reiterate, the administration through NOAA Fisheries is simply doing what a federal judge has ordered it to do. We must see how we can work within the court's ruling to preserve wild salmon just like we have had to learn how to work within Judge Bolt's decision for salmon and steelhead management in Washington state.
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