ELR Citation: ELR 21232
No(s). s. 88-4311 et al (9th Cir. Aug 27, 1990)

The court upholds the Columbia River Fish Management Plan, which allocated the harvest of salmon and steelhead among northwestern states and tribes. With regard to Idaho's challenges to the plan, the court first rules that the district court employed the proper standard of review and burden of proof to conclude that the plan was reasonable and legal. Next, the court rules that no evidentiary hearing was necessary. The court rules that although Washington and Oregon have a duty to conserve the species of steelhead, it would not impose standards of conservation on the states. The court also rules that the treaty/nontreaty sharing formulas for spring chinook were reasonable. With regard to the Shoshone claims, the court rules that the plan does not violate treaty rights or the public interest. Finally, the court rules that the Makah's motion to intervene was untimely.

Counsel for Defendants/Intervenors/Appellants
Marc D. Slonim, Alvin J. Ziontz
Ziontz, Chestnut, Varnell, Berley & Slonim
2121 Fourth Ave., Ste. 1230, Seattle WA 98121
(206) 448-1230

Clive J. Strong, Deputy Attorney General
State House, Rm. 210, Boise ID 83720
(208) 334-2400

Counsel for Plaintiff-Appellee
Dirk D. Snel, M. Alice Thurston
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Intervenors/Appellees
Howard G. Arnett
Marceau, Karnopp, Petersen, Noteboom & Hubel
835 N.W. Bond St., Bend OR 97701
(503) 382-3011

Timothy Weaver
Cockrill, Weaver & Bjur
316 N. Third St., P.O. Box 487, Yakima WA 98907
(509) 575-1500

Counsel for Defendants/Appellees
Cheryl F. Coodley, Ass't Attorney General
Department of Justice
1515 S.W. Fifth, Portland OR 97201
(503) 229-5725

Robert K. Costello, Ass't Attorney General
Highway & Licenses Bldg., Mail Stop PB71, Olympia WA 98504
(206) 753-2496

Before Browning and Rymer, JJ.