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· 7/5/2006

Oregon Trollers Ass'n v. Gutierrez

Citations

  • 452 F.3d 1104
  • 2006 WL 1843408

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • deciding, under a different statute and applying a different term—“stock,” rather than “species”—that NMFS could treat hatchery and naturally spawned salmon differently
  • rejecting best science claim where “[t]here [was] no evidence in the record the [agency’s] 1986 and 1988 studies [were] outdated or flawed”
  • rejecting best science claim where “[t]here [was] no evidence in the record the [agency’s] 1986 and 1988 studies [were] outdated or flawed”
  • exercising discretion to reach a purely legal issue that plaintiffs raised only during oral argument before the district court
  • upholding the NMFS’s fishery restrictions because plaintiffs had 6 pointed to no scientific information better than the information on which the NMFS relied
  • finding lawful NMFS’s distinction between natural and hatchery spawners of salmon even though spawners swam side-by-side and prior management measures did not distinguish between the two

Source: CourtListener parenthetical corpus (CC0).

Judges: Noonan, Tashima, Fletcher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.