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Old 10-09-2005, 09:54 AM
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Join Date: Oct 2002
Posts: 498

"Subject to any further orders, the remand period shall be one year, during which the 2004BiOP shall remain in place. During the remand period, NOAA shall:

1. Correct it's improper segregation of the ellements of the proposed action NOAA deems to be nondiscretionary
2. Correct it's improper comparison, rather than aggregation, of the effects of the proposed action on the listed Salmon and Steelhead.
3.Correct it's flawed determinations as to whether the proposed action destroys or adversely modifies critical habitat.
4. Correct it's failure to consider the effects of the proposed action on both recovery and survival of the listed species in determining whether the proposed action is likley to jeopardize the continued existence of listed Salmon and Steelhead; and
5. Correct it's past reliance on mitigation measures that are not reasonably certain to occur and/or have not undergone Section 7 consultation.

During the remand period, NOAA, the Action Agencies, Army Corps of Engineers and Bureau of Reclamation shall collaborate with the sovereign entities, including the States of Idaho, Montana, Oregon, and Washington, and the Tribes who are parties or Amici in this action (Nez Perce, Umatila, Warm Springs, and Kootenai Tribes) to achive the goals of:
A. Developing items to be included in the proposed action; and
B. Clarifying policy issues and reaching aggrement or narrowing the areas of disagreement on scientific and technical information.

Look, clearly this is not the "Panacia" for all the problems of the Columbia and Snake Systems. From my point of view, it takes no consideration in relation to Pollution of these systems or the loss of Tributary habitat. Bottom line is, I know you can't just throw a truck load of lumber on a piece of property and call it a House. You have to start with a foundation, then BUILD from that. Judge Redden is laying the cornerstones of that foundation with these and hopefuly future actions for these systems.
It looks like he has left the door open in alot of areas. Now would be the time to bring up matters prevalent to this action!

Don't want to sound like a broken record here, but everyone should read the Judge's remand order, it's the story of the future of fishing!

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