NOAA Fisheries' Response to the Alsea Valley Alliance v. Evans U.S. District Court Ruling
In a Sept. 12, 2001, decision, the U.S. District Court in Oregon overturned NOAA Fisheries’ Endangered Species Act (ESA) listing of Oregon coast coho. Consistent with its existing policy, the agency had identified a distinct population segment (or evolutionarily significant unit – ESU) of coho on the Oregon coast. It was composed of both natural and hatchery populations, but the agency listed only the naturally spawning portion. NOAA Fisheries Service, in accordance with its 1993 Pacific salmonid hatchery listing policy, adopted this practice to minimize the regulatory impact of ESA listings, and in recognition of the intent of the ESA to protect populations in their natural ecosystems.
The court ruled it was improper for the agency to list only the natural component of the coho ESU because the ESA does not allow listing of a unit smaller than a distinct population segment. The court did not instruct the agency on how it should consider hatchery fish when evaluating the risk of extinction in making a listing decision. In response, NOAA Fisheries Service announced it would revise its 1993 hatchery listing policy and reconsider its listing decisions for salmon and steelhead ESUs coast-wide.
