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Court orders NMFS to provide new determination on the KMP steelhead ESU by March 31, 2001

By: Richard Alves
February 25, 2001

More Articles by steelhead

Klamath Mountain Province ESU
Chronology of Events of the KMP steelhead ESU
Yet to be Appointed... Or Can Anybody Get This Right?

As the result of a court order handed down by the U.S District Court for Northern California, October 25, 2000, National Marine Fisheries Service (NMFS) has re-proposed listing Klamath Mountain Province (KMP) steelhead as a threatened species.

NMFS' 1998 determination that the KMP steelhead did not warrant listing, was found by the court to be "capricious and arbitrary", stating the Endangered Species Act did not allow NMFS to consider future conservation actions. The courts finding effectively re-instates NMFS' 1995 determination that the KMP steelhead Evolutionarily Significant Unit (ESU) should be listed as threatened. The Court gave NMFS until March 5, 2001 to accept public comment and evaluate new data so a new determination could be published on March 31, 2001.

This information was released in the National Registry on February 12, 2001, in a Commerce Department document announcing that hearings were to be held on February 22 in Gold Beach, Oregon, and Eureka, California.

The State of Oregon Department of Fish & Wildlife has supplied additional data to NMFS and Oregon's Attorney General's Office has notified NMFS of intention to sue if the agency's determination is to list the KMP steelhead on March 31.

At the Gold Beach hearing, Garth Griffin, from NMFS, announced that California Department of Fish and Game was going to provide NMFS additional data by the end of the comment period, however, he also stated that failure by California to provide additional data would force NMFS to list the KMP steelhead in their March 31 determination.

Effects of listing:

Conservative sport fishing regulations have been in place in the KMP since 1998 and are not likely to change.


Correction

At the Gold Beach hearing on February 22, NMFS' Garth Griffin stated "Conservative sportfishing regulations have been in place since 1998 so listing of steelhead wouldn't change current regulations."

We quoted him in our news piece on the hearing. Court orders NMFS to provide new determination on the KMP steelhead ESU by March 31, 2001

Last night February 28, there was another hearing in Yreka, California. NMFS' Craig Wingert stated "You can't list a species and not expect changes to the sportfishing regulations."


Once the Endangered Species Act rules begin to take effect, water diversions from the area should be decreased.

Klamath Mountain Province ESU
Chronology of Events of the KMP steelhead ESU
Yet to be Appointed... Or Can Anybody Get This Right?

 

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