Central Coast Forest Assn. v. Fish & Game Com.

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Respondents-petitioners Central Coast Forest Association and Big Creek Lumber Company asked the Fish and Game Commission to remove (delist) coho salmon south of San Francisco from the list of endangered species in California. Petitioners owned and harvested timber from lands in the area of the coho salmon spawning streams in the Santa Cruz Mountains. Timber harvesting is in part responsible for declining coho salmon populations. The petitioners argued: (1) there never were wild, native coho salmon in streams south of San Francisco, a requirement of being listed as endangered; (2) if there were, they were extirpated by environmental conditions unfavorable to the species; and (3) the salmon currently present in the streams are hatchery plants, implying that the fish are not members of the CCC ESU, and consequently are not deemed wild or native to California. They tender evidence in support of the petition, which they claim “may . . . warrant[]” delisting by the Commission. If sufficient scientific evidence contained in the petition, considered in the light of the department’s scientific report and the department’s expertise, would justify delisting of the species, then the Commission might consider delisting. The Court of Appeal concluded, however, that the evidence presented here did not meet that threshold. The Court concluded the petition did not contain sufficient scientific evidence, considered in light of the department’s scientific report and expertise, to justify delisting the coho salmon south of San Francisco; therefore, there was insufficient evidence that the delisting may be warranted. View "Central Coast Forest Assn. v. Fish & Game Com." on Justia Law