PAC. SALMON v. ENCON


208 A.D.2d 241 (1995)

In the Matter of Pacific Salmon Unlimited et al., Respondents, v. New York State Department of Environmental Conservation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 23, 1995


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Kathleen Liston Morrison, Peter H. Schiff and Douglas H. Ward of counsel), for appellants.

Ronald H. Sinzheimer, Albany (Peter J. Molinaro of counsel), for respondents.

CARDONA, P. J., MIKOLL, WHITE and YESAWICH JR., JJ., concur.


CASEY, J.

When Pacific salmon were initially introduced into Lakes Ontario and Erie, it was believed that the species would not take a lure during their migration within tributaries of the lakes and that the fish were destined to die after spawning. Accordingly, respondent State Department of Environmental Conservation (hereinafter the Department) allowed the practice of snatching*

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