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OREGON TROLLERS ASS'N v. GUTIERREZ

No. 05-35970.

452 F.3d 1104 (2006)

OREGON TROLLERS ASSOCIATION; Suislaw Fishermen's Association; Thomas Harris; James Moore; Jim Gagnon; John Fraser; Garth Porteur; Stan Jones; Russell Ott; Donald Jacobs; Great American Smokehouse and Seafood Company; Cap'n Zach's Crab House; Zack Rotwein; Pat Houck; Dan Morris, Plaintiffs-Appellants, v. Carlos M. GUTIERREZ, Secretary of the United States Department of Commerce; National Marine Fisheries Services; William T. Hogarth, NMFS Director; D. Robert Lohn, NMFS Regional Director for the Northwest Region, Defendants-Appellees, Yurok Tribe; Hoopa Valley Tribe, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2006.

Attorney(s) appearing for the Case

Russell C. Brooks, Pacific Legal Foundation, Bellevue, WA; Ross Day, Oregonians in Action Legal Center, Tigard, OR, for the appellants.

Mark R. Haag, U.S. Department of Justice, Washington, D.C., and James L. Sutherland, Office of the U.S. Attorney, Eugene, OR, for the appellees.

Rob Roy Smith, Morisset Schlosser Jozwiak & McGaw, Seattle, WA, and Scott W. Williams, Curtis G. Berkey, Alexander Berkey Williams & Weathers, Berkeley, CA, for the defendants-intervenors-appellees.

Before: JOHN T. NOONAN, A. WALLACE TASHIMA, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

The 250-mile Klamath River originates in eastern Oregon and empties into the Pacific Ocean at Crescent City, California. The Klamath River fall chinook, an anadromous salmon species, begin life in the river's upper reaches and tributaries, either in hatcheries or in the wild. As juveniles the Klamath chinook migrate to sea and spend much of their lives in the Klamath Management Zone, an area off the coasts of California and Oregon...

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