My friend, Hogan's decision was appealed to the next highest court, the 9th Circuit Court of Appeals. The 9th Circuit Court of Appeals ruled that it was denying the appeal because Judge Hogan's ruling was correct and that Hogan's ruling was based upon the Endangered Species Act. The 9th Circuit Court of Appeals ruling in this manner sent the case back to the Federal District Court in Oregon in originated in for setting a timetable for NOAA Fisheries to redo the Pacific Salmon Recovery Plan incorporating the hatchery/wild equal fish status of Hogan's ruling.
The 9th Circuit Court of Appeals through ruling as it did on the appeal, precluded an appeal to the next highest court, the Supreme Court because in effect it made no ruling, which let Hogan's decision stand. Because the 9th Circuit Court of Appeals decided not to hold an appeals hearing, it cannot be appealed to the Supreme Court. Even if the 9th Circuit Court of Appeals held an appeals hearing, the likelyhood of the Supreme Court accepting an appeal would be virtually zero since there are not Constitutional issues in the case Hogan ruled on.
Therefore, it doesn't matter what NOAA Fisheries' scientist recommend, NOAA Fisheries must follow the court order of Judge Hogan or the federal district court in Oregon will write the Pacific Salmon Recovery Plan. As it is, Judge Redden (who is another judge on the same Oregon Federal District Court) has ordered NOAA Fisheries to have a revised Pacific Salmon Recovery Plan that includes hatchery fish and a changing of status from threatened or endangered when the inclusion of the hatchery fish shows there is enough salmon present in a river system to prevent extinction by June 2nd, 2004. And Judge Redden has ordered NOAA to include the tribes, the states, the power generators, timber companies, builders, agriculture, and developers as consultants (including referencing what the input and desires of these groups was in the recovery plan) before they give him the revised recovery plan.
The bottom line, Judge Hogan ruled hatchery and wild fish are the same and further ordered NOAA Fisheries to change the status of any salmon present in a river system from threatened or endangered to no-threatened/endangered status when there are hatchery salmon in the river system. I think Judge Hogan should be publicly tarred and feathered for this lunacy; however, it won't change his ruling that is now the law NOAA Fisheries must follow.