SALMON SPAWNING & RECOVERY ALLIANCE v. GUTIERREZ

No. 06-35979.

545 F.3d 1220 (2008)

SALMON SPAWNING & RECOVERY ALLIANCE; Native Fish Society; Clark-Skamania Flyfishers, Plaintiffs-Appellants, v. Carlos M. GUTIERREZ, in his official capacity; United States Department of Commerce; D. Robert Lohn, in his official capacity; National Oceanic and Atmospheric Administration National Marine Fisheries Service; Condoleezza Rice, in her official capacity; United States Department of State, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2008.


Attorney(s) appearing for the Case

Eric Redman, Svend A. Brandt-Erichsen, Kelly B. Fennerty, Heller Ehrman LLP, Seattle, WA, for the plaintiffs-appellants.

Matthew J. McKeown, Acting Assistant Attorney General, Coby Howell, Ellen Durkee, Mark Haag, Environmental & Natural Resources Division, United States Department of Justice, Washington, DC, for the defendants-appellees.

Before: A. WALLACE TASHIMA, M. MARGARET McKEOWN, and W. FLETCHER, Circuit Judges.


McKEOWN, Circuit Judge:

Wild salmon and steelhead, which are listed as threatened or endangered under the Endangered Species Act, have been the subject of much litigation in the federal courts. As they swim back and forth from the Pacific Northwest to Canada, the fish have no cognizance of an international boundary, or the Pacific Salmon Treaty of 1999 ("Treaty"), an effort by Canada and the United States to manage salmon populations originating in Alaska and the...

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