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FEDERATION OF IND., ETC. v. OR. FISH & W. COM'N

CA 15351; SC 27154.

632 P.2d 777 (1981)

291 Or. 452

FEDERATION OF INDEPENDENT SEAFOOD HARVESTERS, All-Coast Fisherman's Marketing Association, and Oregon Environmental Council, Respondents, v. OREGON FISH AND WILDLIFE COMMISSION and Crown Zellerbach Corporation, Petitioners.

Supreme Court of Oregon.

Decided August 4, 1981.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for petitioner Crown Zellerbach Corp. With him on the petition were Frank M. Parisi, and Spears, Lubersky, Campbell & Bledsoe, Portland.

Al Laue, Asst. Atty. Gen., Salem, argued the cause for petitioner Oregon Fish and Wildlife Commission. On the brief were James A. Redden, Atty. Gen., Walter Barrie, Sol. Gen., Frank W. Ostrander and Beverly B. Hall, Asst. Attys. Gen., Salem.

Bruce H. Anderson, Eugene, argued the cause for respondent All-Coast Fisherman's Marketing Assn. With him on the briefs were D. Michael Wells and Coons & Anderson, P.C., Eugene.

Jeffrey P. Foote, Portland, argued the cause for respondent Oregon Environmental Council. With him on the brief was John J. Haugh, Portland.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and CAMPBELL, JJ.

LENT, Justice.

The issue is whether the Fish and Wildlife Commission (Commission) is required to make findings that the tests set forth in 508.7101 will be complied with before issuing hatchery permits. We hold that the Commission must make such findings.

Facts

On December 29, 1977, Crown Zellerbach Corporation (Crown), applied to the Department of Fish and Wildlife (Department)2 for...

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