Court Denies Pacific Legal Foundation's Request to Halt State's Killing of Salmon.

SACRAMENTO, Calif.--(BUSINESS WIRE)--Nov. 12, 1999--

Circuit Judge Robert J. Huckleberry today turned down Pacific Legal Foundation's motion for a preliminary injunction ordering the Oregon Department of Fish and Wildlife not to kill the last remaining Fall Creek hatchery coho salmon in the Alsea River basin.

Today's decision was in response to a lawsuit filed on Oct. 28 by Pacific Legal Foundation against the Oregon Department to halt its illegal destruction of coho hatchery salmon. The Department, supported by the National Marine Fisheries Service, has decided that hatchery salmon are a threat to the federally protected "wild" salmon and should be destroyed.

PLF is representing Mark Sehl, a fishing guide, and the Alsea Valley Alliance, an organization dedicated to preserving and protecting wildlife, including coho salmon.

"Today's ruling allows an out-of-control government agency to continue its illegal ways," said PLF attorney Timothy Harris. "The Department's killing of hatchery coho salmon violates state law and its duty to protect, preserve, propagate, and promote salmon. It is disconcerting that the state admits the healthiest hatchery coho salmon are found at the Fall Creek hatchery and these are the very salmon being slaughtered," Harris stated.

In his ruling denying the injunction, Judge Huckleberry said, "By issuing this ruling I am not expressing an opinion on anything other than the legal propriety of whether the court should grant the specialized type of relief requested by the Plaintiffs..."

He continued, "I am unprepared to interpret the Alsea (Alsea River Basin Fish Management) Plan as literally as urged by the Plaintiffs, opting instead to accept...that it is necessary to remove from the river all returning fish as part of the planned termination of all hatchery coho smelt production."

Harris said, "PLF will seek a temporary restraining order in federal court to stop the killing. Additionally, we will ask the state attorney general to preserve the eggs of the salmon that are killed so they they can be used for propagation, if we can get the order."

A hearing was held Tuesday, Nov. 9 at the Lincoln County Circuit Court in Newport, Ore., over the Department's plan to kill the hatchery coho salmon. During questioning by Pacific Legal Foundation attorney John Groen, Douglas DeHart, director of hatcheries, admitted that while no authority existed in the Alsea River Plan for killing off hatchery coho salmon, they were operating under other laws.

Judge Huckleberry called a 15-minute recess to the hearing and told attorneys for the Department to find a law giving them such authority. The attorneys for the Department returned but could point out no such law.

Beginning in 1997, the Department implemented a program to kill off the 6,000 Fall Creek hatchery run of coastal coho salmon as a way to reestablish a strain of so-called wild coho. If allowed to continue, the plan would culminate with the killing of the last coho salmon run at the hatchery.

Pacific Legal Foundation is a nonprofit public interest organization dedicated to litigating nationwide in defense of limited government, private property rights, and individual and economic liberty. PLF's press releases may be found on its web site at www.pacificlegal.org or on Business Wire at www.businesswire.com.