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U.S. DEPT. OF COMMERCE v. F.E.R.C.

Nos. 93-70282, 93-70284 and 93-70287.

36 F.3d 893 (1994)

UNITED STATES DEPARTMENT OF COMMERCE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. The NEZ PERCE TRIBE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. NATIONAL WILDLIFE FEDERATION; Idaho Wildlife Federation, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1994.

Attorney(s) appearing for the Case

John T. Stahr, U.S. Dept. of Justice, Environment and Natural Resources Div., Washington, DC, for petitioner U.S. Dept. of Commerce.

Douglas Nash, The Nez Perce Tribal Executive Committee Office of Legal Counsel, Lapwai, Idaho, for petitioner Nez Perce Tribe.

Peter M.K. Frost, National Wildlife Federation, Portland, OR, for petitioners National Wildlife Federation and Idaho Wildlife Federation.

Samuel Soopper, Federal Energy Regulatory Com'n, Washington, DC, for respondent F.E.R.C.

Before: NORRIS, THOMPSON and TROTT, Circuit Judges.

Opinion by Judge THOMPSON; Dissent by Judge TROTT.

DAVID R. THOMPSON, Circuit Judge:

Chinook salmon and steelhead trout are anadromous fish.1 They are an important natural resource, exploited by commercial, sport and Indian tribal fishermen fishing in the Columbia and Salmon River Basins and in the Pacific Ocean from Oregon, California, Washington, Alaska and British Columbia.

Anadromous fish spawn, among other places,...

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